An assault, especially a domestic assault, is a charge that is being laid by the police very routinely according to their “zero tolerance” policy. Interestingly, you are almost always better off if you assaulted a stranger as opposed to assaulting your domestic partner. The police have almost no discretion in terms of NOT laying the charge if the victim is your romantic partner or a family member. In practice, it means that if your domestic partner (or you, or a passer-by) called the police and complained of a domestic assault, the police WILL come and investigate. Their job is NOT to pacify the situation. They would first and foremost be looking for:
CHARGED WITH DOMESTIC ASSAULT?
TORONTO ASSAULT LAWYER DAVID GENIS CAN HELP!
- 1. Evidence (statement) of assault, i.e. “intentional application of force without consent”, or
- 2. Evidence of a threat to cause bodily harm or death, or to destroy property or kill animals.
(An insult or “verbal abuse” is not an offence in Canada, contrary to popular belief).
WHAT IF MY PARTNER
DOES NOT WANT TO PRESS CHARGES?
From the Crown prosecutor’s perspective, it matters little whether your partner wants to press charges or not. It is not your victim who is suing you. Rather, it is the state who is prosecuting you on behalf of the victim and other potential victims. The idea is to send a message out there that domestic violence will not be tolerated. The Crown is aware that the victims don’t want to press charges or continue with the charges in up to 90% of domestic cases, especially if they want to continue with the relationship.
That being said, it might be very helpful if the victim wishes to help. A proper way to do it is for the victim to contact and retain an independent Toronto assault lawyer and prepare an affidavit, explaining the situation.
In situations like these, it is advisable to consult a legal expert. David Genis is one of the best domestic assault lawyer in Toronto who has successfully achieved excellent results for all his clients charged with domestic assault or other related charges.
If you have been charged with domestic assault or any other related charges, don’t delay seeking professional legal assistance of a domestic assault lawyer. Contact us today.