By: Sarvesh Jeet
Life happens and mistakes are made. But one mistake shouldn’t cost you, your family. Domestic violence is something the courts take very seriously. Assault charges arising from these fights between husband and wives can be tricky to deal with.
“No Contact” and “No Go”
Once the police charge you for domestic violence, and depending on the seriousness of the offence, they will release you with multiple conditions that you have to abide by. Two of those conditions will usually be a “No Contact” and a “No Go” condition. This means that you are ordered by the Court, not to have any type of contact with the victim (even if they are your spouse) and not to attend the residence or address of where the offence allegedly took place (even if this is your own house).
If this is your situation, you should get a lawyer to deal with this and get these conditions amended right away, so that you can go back home to your spouse and your children.
A domestic violence charge is considered a crime of violence, and a simple allegation of this type of a charge is extremely serious. If you are found guilty of this charge and convicted, you will have a criminal record, and employers will be hesitant to hire anyone with a criminal record.
A criminal record will also make it difficult for you to travel to the United States. Additionally, depending on your status in Canada, a criminal record can have a range of negative impacts on your immigration status here in Canada.
Spouse Getting the Charges Dropped
You may think that if your spouse is the one that made the complaint, that they can also drop the charges, but this is simply not true. You being charged is not up to your spouse, even if they are willing to take their complaint back. Once the police are involved they take over, and your spouse who is the complainant becomes their witness.
Children and Child and Family Services
If children are involved, this situation can get even more complicated. The courts will appoint a third party, usually the Child and Family Services (CFS) to interview the children and get their version of events. The Court will always act in the best interest of the child or children involved and will take steps to protect them from any exposure to domestic violence.
It is important to deal with these charges the proper way right from the beginning. If you or someone you know is going through this situation, and facing a criminal charge arising out of a domestic violence situation, give us a call right away. We provide free consultations. Let us guide you so your mistakes don’t end up costing you your family.
*Disclaimer: The blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of the blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.