Toronto Domestic Assault Lawyer

If you need advice on a Toronto Domestic assault charge you should consult a Toronto domestic assault lawyer such as Adam Weisberg. This article on Toronto domestic assault and domestic violence charges is just for informational purposes.

What is a Domestic Assault or Domestic Violence?

Domestic assault, domestic violence, and spousal violence can most commonly be defined as an assault or criminal act that occurs between people who are either currently or formerly dating or in a married or common-law relationship. Disputes between family members are also classified as domestic abuse or domestic violence cases. The actual criminal charge as set out in the Criminal Code of Canada is the same whether the offence is alleged to have happened in a domestic abuse setting or between strangers. The most common criminal charges occurring in the domestic setting are: assault, uttering threats, and criminal harassment. The Crown prosecutor’s office will treat domestic assault allegations occurring in same-sex relationships in the same manner as they treat domestic abuse allegations occurring in heterosexual relationships. The Crown prosecutor will treat cases seen as occurring within a domestic relationship quite differently than the same acts occurring between strangers. It is important to consult a Toronto domestic assault lawyer that has special knowledge on how to conduct matters involving these types of charges. The Ontario “Crown Policy Manual”, states that domestic violence matters: “should be prosecuted as vigorously as other serious criminal matters”. The Crown Policy Manual also recommends that due to the: “prevalence and danger of spouse/partner abuse and the dangers inherent in it, it will usually, although not always, be in the public interest to proceed with these prosecutions in cases where there is a reasonable prospect of conviction.”

Although not classified differently in the Criminal Code, in Toronto, domestic assault or domestic violence cases are prosecuted by a team of designated Crown Prosecutors. These teams of domestic violence prosecutors have special knowledge and skills in relation to these types of allegations.

What evidence is necessary for Toronto domestic assault charges to proceed?

Spousal violence and domestic violence are politically charged allegations in our society. In rare circumstances domestic violence situations can lead to homicide. The Crown and police always have this possibility in their minds when dealing with domestic assault allegations. Police almost always will charge a person alleged to have threatened or assaulted another in the context of a domestic relationship. The police will often arrest and charge a person even if there are no visible injuries and no independent witnesses or even if the allegations are old or alleged to have occurred months earlier. Someone’s word alone will often be enough to bring a person to court on charges of domestic assault.

Can a Toronto domestic assault lawyer help change my bail conditions?

Toronto domestic assault allegations will usually result in bail conditions that will prevent the accused: from being able to contact their spouse; being able to go to their residence; and from having access to their children. Toronto domestic assault lawyer, Adam Weisberg, is often successful in having bail conditions varied on consent or by applying to a higher court to change the conditions. There are many strategies and tactics to employ in these situations that will assist in changing bail conditions.

Can Toronto domestic assault charges be dropped if the complainant doesn’t want to proceed?

The Crown Policy Manual states that Crown Counsel: “should exercise caution in evaluating requests from the victim for withdrawal of charges. Given the dynamics that exist in families where a spouse is abused, victims may be reluctant to continue a prosecution and be under intolerable pressure to withdraw.” For the above reasons a reluctant complainant will not necessarily end the matter. You must consult an experienced criminal lawyer to defend Toronto domestic assault charges. Toronto domestic assault lawyer, Adam Weisberg, often represents complainants or victims to help their voice be heard and provide them with advice in relation to how they would like the charges to be resolved.

What are my defences to Toronto domestic assault charges?

An experienced Toronto domestic assault lawyer can review your case and provide advice on your best defences. It is important to take these allegations seriously as having a criminal record or being sentenced to jail can have a profoundly negative effect on your reputation and future.

Recent Successes with Domestic Assault Matters (end of 2010 - 2011)

Acting for the Accused:

R. v. M.B. - 2010

A professional couple had an argument in front of their child.  The police were contacted and the accused was charged with assault.  A comprehensive plan of action was put into place by Adam Weisberg.  Mr. Weisberg prepared a detailed presentation for the prosecutor.  The Crown Attorney was persuaded to withdraw the charges in their entirety.

R. v. M.H. - 2010

The accused assaulted their partner, admitted the assault to the police, and left injuries after a heated argument with respect to infidelity.  Adam Weisberg identified the issues and was able to demonstrate to the Crown Attorney that a common law peace bond would be in the public interest.  The charges were withdrawn.

R. v. A.G. - 2011

A serious argument occurred where both parties were involved in pushing and elbowing each other.  The accused admitted to assaulting the complainant to the police.  The charges were eventually withdrawn due to complications with the prosecutor's case.  No peace bond and no criminal record.  The accused is now pursuing his professional degree with the knowledge that he will have a future.

R. v. V.J. - 2011

The accused and their partner had an alcohol fueled argument in front of their newborn child.  Minor injuries were sustained.  The police were called and laid charges despite the complainant not wanting to proceed.  Adam Weisberg immediately brought a motion to reunite the couple.  He then came up with a comprehensive plan and was able to advocate for a withdrawal of the charge.  No peace bond and no criminal record.

R. v. M.P. - 2011

A young professional couple were involved in a serious alcohol fuelled fight.  Both parties sustained injuries.  Mr. Weisberg successfully brought a motion to remove the "no contact" condition of the accused's release conditions.  The couple engaged in extensive counseling and their charges were eventually arranged to be withdrawn.  No peace bond and no criminal record.

R. v. J.S. – 2011

Both people involved were professionals. I brought a contested bail variation and the couple was reunited. After several weeks of couple counselling the charges were withdrawn. No peace bond and no criminal record.

R. v. A.P. – 2011

I arranged to have several counts of assault withdrawn after negotiating a common law peace bond resolution. This recent graduate now has no criminal record.

Acting for the Complainant:

R. v. X.X. - 2010

Adam Weisberg drafted a comprehensive letter to the Crown Attorney that assisted in having the charges against the accused withdrawn.  No peace bond and no criminal record.

R. v. Y.M. - 2011

Acting as complainant's counsel, Mr. Weisberg personally met with the Crown Attorney and had them agree to withdraw the charges against the accused.  No peace bond and no criminal record.

R. v. C.Y. - 2011

With Mr. Weisberg's input and assistance the charges were arranged to be withdrawn at the first appearance of the accused. 

For samples of some matters that went to trial see: Successes Page
   
Contact Adam Weisberg to review your case and determine the best defence available to you at 416.603.3344.