Domestic assaults are a significant part of the common assault cases.  Almost all Crown offices have special domestic violence teams or units. The basics, which the Crown must prove in such cases, are not different from those in the common assault matters. To get a basic understanding of what “assault” legally means, you can begin by reviewing the elements of an assault charge.

The difference between domestic assault and common assault.

What distinguishes common assault from domestic assault is the identity of the parties. Of course, the word “domestic” means that the accused and the victim are related. Very often, they are a husband and wife or common-law partners. However, “domestic assault” could refer to assault against any member of the same family. In most cases, a complaint from the victim or a family member triggers an investigation of a domestic assault. Sometimes, concerned neighbours or witnesses call the police.

“Can my wife stop me from being charged with domestic assault?”

This is a very common question. It is a common misconception that a victim of domestic assault can choose whether the prosecution should go ahead with the charge. There is no such concept as “dropping charges” in domestic assault cases. Once the police lay a charge, the Crown will prosecute an accused. The only thing a victim can really choose to do or not do is give an initial statement to the police. If she gives such a statement, the police usually secure it by way of video recording. The statement will be a part of the prosecution’s evidence even if the victim changes or retracts it.

Immediate consequences of a charge of domestic assault.

There are certain consequences for a person accused of domestic assault which come immediately. For example, when the police charge a person with domestic assault, one of two things can happen. First, the police can arrest him or her and take the accused before a Justice of the Peace for a bail hearing. Second, however, the police can also release the accused. However, in both cases, conditions of release are the same. They are:

• The accused cannot come back and live in the same home with the victim,
• He or she cannot contact the victim directly or indirectly,
• The accused must appear before the court on the day and time set by the bail court or police officer.
• As with other charges, the accused must provide fingerprints, and, finally,
• The accused can obtain no criminal record clearance letter for employment purposes while the charge is pending.

All these restrictions are in force until the case is over. The first two conditions are, of course, especially onerous. The accused must find a new place to live. He or she cannot see the family, talk to his or her children, and more. The accused can only return to regular life if the prosecution withdraws the charges or the court dismisses them

Consequences of conviction of a charge of domestic assault.

The consequences add up if the court convicts the accused of domestic assault.

In addition to possible criminal charges and sentences, the accused is often get probation. In most cases, the probation period is 1 to 2 years. Some typical conditions of probation are:

• • the accused cannot contact the victim unless the victim provides written consent, which the victim can revoke orally at any time, 
  • obligation to attend an anger management counselling,
  • prohibition on possession of weapons, and
  • in some cases, the court can order the accused to provide a DNA sample.

Many municipalities, such as Toronto, provide the accused with counselling based on the PARS (Partner Assault Response Services) program. The PARS program is very often a part of the so-called early intervention program for people accused of domestic assault for the first time. The authority uses it in combination with a 12-16 months probation period. In addition, the program allows the early resolution of the charge. Further to this program, an accused can return to his or her family home within 1 or 2 months.

What to do about a domestic assault charge

Many domestic assault cases are resolved by way of making a deal with the prosecution. The deal can include such conditions as:

• • dropping charges,
  • absolute or conditional discharge with a probation period including the PARS program,
  • a suspended or conditional sentence or some smaller penalty.

The nature of a possible resolution depends on the circumstances of each case.

If you are charged with domestic assault, contact us – because you don’t always need a lawyer.