Domestic Violence: Definition, Penalties and How to Strengthen Your Defense in Court
Allegations of domestic violence are major offences in Canada and are taken very seriously by police. If you find yourself facing allegations of domestic violence, it’s extremely important to make sure that you get in touch with an affordable Newmarket domestic assault lawyer as soon as possible to help fight the charges.
Semyonov Law is an experienced legal team ready to handle your case. Our team works tirelessly to ensure you have the best representation and that you are equipped with all the knowledge you need to take a stand in court.
Let’s take a deeper dive into domestic violence allegations.
What is Domestic Violence?
Domestic violence can be a difficult offence to pin down. There is no concrete definition of domestic violence specified within the Criminal Code of Canada, but domestic assault is outlined under the section for assaults.
To put it simply, domestic violence can be seen as any harmful behaviour towards anyone residing in the same household. Most people think of domestic violence as physical abuse; however it can take many non-physical forms including psychological abuse, uttering threats, harassment, stalking, or any other crime committed in a domestic setting.
In this case, the term “domestic” refers to a situation where any two people are involved in an intimate relationship. Most people typically think of spousal abuse, but in Ontario, domestic violence laws differ from other provinces because they include non-romantic partners when considering whether a situation is truly classified as domestic violence.
As Per Ontario’s Domestic Violence Protection Act, victims of domestic violence can be spouses, common-law partners, parents and children, family members, etc. This behaviour often serves as a method of asserting control over another person, and prevents them from reporting the abuse through fear of more pain.
This creates an imbalance of power in the relationship and leaves the victim feeling fearful and helpless. In the eyes of the law in Ontario, every person has the right to feel safe and comfortable around the people they are living with.
As a result of all the potential factors involved, it ultimately lies with the court to decide whether an offence is considered to be “domestic”.
What Are The Penalties of a Domestic Violence Charge?
Incidents of domestic violence are treated more seriously than other forms of assault. If a court finds you guilty of domestic violence, there are several potential penalties you could be facing. On one hand, you may be forced to pay restitution to the victim to cover property damage or medical expenses.
In some cases, it is possible for you to be charged to complete domestic violence intervention programs, which have the potential to reduce later sentencing. On the other end of things, if you are accused of domestic violence, there is a possibility that you could face severe jail time before being able to receive probation. It is best to formulate your defence with an experienced Newmarket criminal lawyer in order to ensure the best possible outcome.
How To Strengthen Your Defence In Court
Domestic violence charges can be very difficult to deal with and the trials for such cases can also be challenging as well. The key to having a strong defence against allegations of domestic violence is to enlist the services of a lawyer who understands criminal proceedings directly related to such charges. An experienced lawyer will be able to explain how best to fight the charges and provide customized legal counsel according to your specific situation.
If you are facing charges of domestic violence, one very important thing you should do is to make sure to follow all instructions provided by a police officer. Even if you believe yourself to be innocent, failure to follow instructions can potentially result in a harsher sentence. It may be a good idea to write down your account of events in full and present it to your lawyer prior to the trial. This can help your lawyer strengthen your defence.
Having an experienced defence lawyer also comes into play In the courtroom. An experienced lawyer can aThey can provide guidance to obtain the best possible result and work to make sure the truth of the case comes out in court.
It’s our priority at Semyonov Law to make sure you get the justice you deserve. Call us at (647) 292-3377 today to review your case and get you the justice you deserve.
Kindly note that the above material is intended to serve only as general information and not qualified legal advice.