According to domestic assault lawyer Daniel brown of law society of Ontario, people convicted guilty of this offense face a somewhat stiffer sentence. In these domestic assault cases, the prosecutors and the concerned police apply a zero comprise rules regardless of the wishes of the complainant.
One best way to make sure you are not a victim of these zero-tolerance policies is to look for and hire domestic assault lawyer who is well acquainted with domestic assault cases. The following frequently asked questions will give you a clear understanding on defending domestic assault charges and much more.
- What Is A Domestic Assault?
It is an assault that usually occurs between two people who are either married, in common law or formerly /currently dating. Where the assault takes place between the people who share either of these relations given above, the term domestic is used.
According to the crown policy manual, the crown attorneys are given the mandate to deal with the domestic violence crimes seriously like any other serious criminal offenses.
- What If the Complainant Has Changed his Opinion and Don’t Want the Charge to Proceed to Curt Or Trial?
At the court stage, the crown attorney will anyway continue with the prosecution regardless of whether the person making the complainant want to stop the case proceeding to trial.
In domestic situations, the persons making the complaint has limited choice to press charges. As long as the complainant of the domestic violence has been presented, the police will charge the offender regardless of the wishes of the complainant to stop the prosecution.However, in some situations, the complainant can affect the decision of the prosecutor and have the criminal charge withdrawn.
- What Happens to A Person Charged with A Domestic Assault?
Typically, if charged with domestic assault, you are held for a bailing hearing. A strict bail may also be applied on them to restrict contact with the complainant even if the complainant wants to contact them.
The accused may also not be allowed to come near his/her family residence regardless of their formal ownership. Those restrictions remain in force as long as the charge is in the court or is not changed by the judge.
- How Can I Alter My Bail Conditions?
With the help of your domestic assault lawyer, you can change your bail conditions to allow you have contact with the complainant or even be allowed to go back home before the case is concluded. However, this process can be costly and lengthy.
- Why Should A Domestic Assault Complainant Hire A Domestic Assault Lawyer?
Once a domestic complaint is presented, the decision is left with the crown prosecutor to decide whether or not the case will go to trial. However, sometimes the victim may need a criminal lawyer to offer advice on how to state their case.
As well, an experienced domestic assault lawyer can offer legal advice to the victims, so they understand their rights regarding their legal obligations, both outside and inside the court.
