If you are involved in a relationship with another person and you are charged with assault it is referred to as a domestic assault charge. Domestic assault is not a different charge legally but it is dealt with as if it was. Different courthouses in Ontario deal differently with domestic assault charges. Some focus on ways that families can get back together while others concentrate on ensuring convictions.
Domestic assault is treated seriously by all Courts. It does not have to involve a wife or husband, it can include boyfriend or girlfriend, same sex partner or the like.
Regardless of the nature of the domestic relationship the police also treat such allegations very seriously. They often arrest very quickly where allegations are made. They may well arrest even when the person who complained to them does not want an arrest.
If you have been arrested on a domestic assault charge you will be taken to the police station in custody. If you are very lucky you can be released from the station but you will almost certainly have to promise not to go back home or have any contact with your partner and likely your children. This bail condition can last for a year or longer.
If you are taken to bail court the next day you should try to get a surety who can sign for you and promise to supervise you in the community. Hopefully you can live with this surety. Again the Court will likely impose conditions that you not have contact with your partner or children.
Domestic assault bail conditions can seriously disrupt families. The financial and emotional strain of being kept apart can be terrible for all members of the family. A conviction for domestic assault can have serious consequences in family court proceedings. Like all criminal charges it can also be harmful to your ability to get or keep a job.
At Derstine Penman we have all the expertise and knowledge to help you achieve a good outcome in cases of domestic assault. We will work hard to get you good bail terms or vary them if they have already been imposed. If you are not guilty we will provide the strong trial defence for which we are well known. If you want to plead guilty we will help you get the best possible result. In some cases a criminal record can be avoided. Call us for a free consultation.