What Are Domestic Violence Charges?
Domestic Violence Charges are charges from the Canadian Criminal Code, that usually involve intimate partners or family members as the complainants or victims.
Usually, domestic charges occur in family settings, inside the home, or places familiar to both the accused and the complainant.
Different Types of Domestic Offences under the Criminal Code of Canada
- 264 – Criminal harassment
- 266 – Common assault
- 267(a) – Assault with a weapon
- 267(b) – Assault causing bodily harm
- 267(c) – Assault by strangulation or suffocation
- 269 – Assault unlawfully causing bodily harm
- 268 – Aggravated assault
- 271 – Sexual assault
- 348 – Breaking and entering
Consequences for Domestic Charges
The Criminal Justice System in Canada takes Domestic Violence Charges very seriously.
The fact that the charges are domestic in nature, where the complainant is either a family member or an intimate partner of the accused, is aggravating.
The Courts are likely to give harsher sentences for charges that are domestic in nature, versus those that involve strangers.
Depending on the type of domestic charge, the maximum penalties range from 2 years to life in jail. However, there are other ways of resolving these charges, that result in minimal to no jail time.
Some charges may be resolved by way of a fine.
Other charges may be resolved by way of a Conditional Sentence Order, or more commonly known as House Arrest.
The point is, depending on your charge, there are a number of ways to resolve your matters without going to jail.
Prohibitions and Orders When Convicted of a Domestic Violence Charge
Usually, the Court will prohibit you from communicating with the complainant. If the complainant is your wife, spouse, or any member of your family who resides with you, you may not be able to return to your home until your charges are dealt with, or your bail conditions are varied with the help of your lawyer.
The Court may prohibit you from possessing any weapons if convicted.
The Court may order a DNA order against you, where you have to submit your DNA at a police station to be registered in the national DNA databank.
Can My Spouse/Wife or My Family Member Withdraw the Complaint?
Whether you get charged or not, and whether your charges get withdrawn or not, is not up to the complainant, even if it is your spouse, and even if they are willing to take their complaint back.
The Crown determines on a case-by-case basis, whether they will pursue the charges against you and prosecute in Court.
Even if the complainant is willing to withdraw their complaint against you with the police, the charges will continue, until it is dealt with appropriately. Remember, it’s the Crown’s decision, not the complainant’s on whether these charges are withdrawn or not.
How Can Shory Law Help?
Our criminal defence lawyers have years of experience studying and practising in this area of law. We will communicate with the Police, the Crown, and the Court on your behalf, to ensure the best resolution of your case, effectively and efficiently.
If you are facing a domestic violence charge, come see one of the lawyers at Shory Law. Let our knowledge and experience guide you and let us help you navigate through the Criminal Justice System.
There are numerous ways to resolve your charges, including having the charges:
- Withdrawn or Stayed;
- Dealt with by way of a Peace Bond;
- Dealt with through Alternative Measures Program;
- Dealt with by way of a fine;
- Dealt with through Probation;
- Dealt with through a Conditional Sentence Order (House Arrest); and
- Dealt with a short jail sentence.
Every client is our priority, and we will work closely with you to resolve your charges in the best way possible. In dealing with your charges our top priorities are:
- To avoid a jail term;
- To avoid a Criminal Record; and
- To avoid negative immigration consequences.
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Can you drop charges in a domestic violence case?
Depending on your charge, there are a number of ways to resolve your matters without going to jail. This means the charge can be withdrawn or stayed.
Do all domestic violence cases go to trial?
No, there are numerous ways to resolve these types of charges without going to trial. Some charges may be resolved by way of a fine. Other charges may be resolved by way of a Peace Bond.
How long is a domestic violence sentence?
Depending on the type of domestic charge, the maximum penalties range from 2 years to life in jail.
What happens if you go to trial and lose?
The Accused or the Crown Prosecutor can appeal the judge’s decision on guilt or innocence. Either party can also appeal the sentence given.