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EXPERIENCED DOMESTIC ASSAULT LAWYERS IN ONTARIO

Your Trusted Defence Against Domestic Assault Charges in Ontario

Jonathan Pyzer – Domestic Assault Lawyer provides robust and strategic defence
for individuals accused of domestic assault across Ontario. Our team of highly
skilled and experienced criminal defence lawyers is dedicated to protecting your
rights, preserving your freedom, and ensuring the best possible outcome for your
case.

 * We have successfully defended clients in some of the most challenging
   domestic assault cases.

 * Our in-depth understanding of domestic assault charges and legal procedures
   ensures a thorough defence.

 * We are available 24/7 to support you whenever you need us.

 * We provide effective and affordable legal representation with clear
   communication and no hidden fees.

Speak to Us First

Request a FREE case evaluation
or call us at 416-658-1818

Case Evaluation Form
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Email

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No Obligation


GET LEGAL REPRESENTATION FOR DOMESTIC ASSAULT CHARGES

Facing domestic assault charges? We’re here to help. We understand how
overwhelming and stressful this situation can be. You don’t have to face it
alone.

In an environment of strict law enforcement and persistent prosecution,
knowledgeable legal guidance is essential. Moreover, securing early legal
support is vital for effectively navigating the proceedings and protecting your
rights. Our team offers strategic defence against aggressive prosecution, backed
by extensive experience defending clients across Ontario.


UNDERSTANDING DOMESTIC ASSAULT CHARGES

In Canada, domestic violence is not a specific offence under the Criminal Code.
Instead, domestic violence is prosecuted under existing assault (ss. 265–268)
and sexual assault (ss. 271–273) laws. Domestic assault refers to any assault
occurring within intimate or domestic relationships, including married couples,
dating partners, common-law partners, parents and children, or other family
members living together.

Domestic assault can involve physical, sexual, emotional (verbal abuse,
humiliation, isolation), economic (controlling finances, preventing employment),
or psychological (manipulation, gaslighting)abuse, as well as force or threats.
Charges can be laid even without physical injury, highlighting the legal
system’s serious approach to domestic violence. The vulnerability of victims and
the potential for ongoing violence necessitate a rigorous response from law
enforcement and the courts.


DIFFERENT TYPES OF DOMESTIC ASSAULT CHARGES THAT WE DEFEND AGAINST

Facing domestic assault charges can be overwhelming and understanding the
specific allegations is crucial for building a strong defence.

Our experienced criminal defence team is well-versed in handling a wide range of
domestic assault cases. We provide straightforward yet strategic legal
representation customized to your specific needs. With our guidance, you’ll
navigate the legal system effectively and craft a robust defence to protect your
rights.


ASSAULT (S. 265)

Assault, covered under section 265 of the Canadian Criminal Code, involves
applying force to a person, intentionally, directly or indirectly, without
consent. It also includes attempts or threats to apply force, creating a
reasonable fear of imminent harm. This section applies to all forms of assault,
including sexual assault, which, in turn, includes assault in a domestic
context.


ASSAULT WITH A WEAPON OR CAUSING BODILY HARM (S. 267)

Assault causing bodily harm (ABH) and assault with a weapon are serious offences
under section 267 of the Canadian Criminal Code. ABH involves significant
injuries, such as black eyes, lacerations, or broken bones, elevating the
charges. It also includes choking, suffocating, or strangling the victim.

Assault with a weapon involves carrying, using, or threatening to use a weapon
within a domestic context. “Weapon” includes objects used to cause harm or
intimidate, from knives and guns to household items. Weapon involvement
escalates the case’s severity, reflecting the heightened risk and long-term
impact on the victim.


AGGRAVATED ASSAULT (S. 268)

Aggravated assault, under section 268 of the Canadian Criminal Code, is the most
serious non-murder-related assault charge. It applies to all cases causing
serious harm or posing a threat to the victim’s life, including wounding,
maiming, disfiguring, or any other life-endangering act, including domestic
cases meeting the criteria of this offence.

This charge is reserved for incidents with grave injuries or significant
potential for harm, such as lacerations, fractures, serious burns, or head
injuries causing substantial impairment. Clear evidence of severe bodily harm or
life-threatening actions is required. This underscores the legal system’s
commitment to addressing and preventing the most serious forms of assault.

Protect Your Rights

Get a Free Case Evaluation Today!

Get Your Free Case Evaluation


WHY A CRIMINAL LAWYER IS ESSENTIAL IN DOMESTIC ASSAULT CASES

Safeguarding Your Rights and Ensuring a Fair Trial

Our criminal lawyers are dedicated to protecting your rights and ensuring you
receive a fair trial. We bridge the gap between yourself and the justice system,
transforming legal principles into effective defence strategies.

Crafting a Tailored Defence Strategy

Every domestic assault case is unique. We develop a defence strategy tailored to
your specific situation, closely examining the charges and circumstances to
protect your freedom and reputation.

Effectively Communicating Your Narrative

Effective communication is vital in domestic assault cases. Our team clearly
presents your narrative and ensures the court considers it. Through thorough
preparation and consistent engagement, we ensure your side of the story is
heard.

Comprehensive Case Examination

Our lawyers conduct a detailed analysis of the charges and circumstances
surrounding your case. This allows us to identify the most effective defence
strategies and explore all legal avenues to ensure the best possible outcome.

Navigating Legal Nuances

Domestic assault cases involve intricate legal nuances. Our experienced lawyers
navigate these complexities on your behalf, advocating for fair bail conditions
and safeguarding your rights throughout the process.


WHAT YOU CAN ALWAYS EXPECT FROM US

Thorough Preparation

We thoroughly prepare for every case, examining every detail and piece of
evidence. Our dedication ensures comprehensive representation, leaving no stone
unturned in your defence.

Clear and Consistent Communication

We keep you informed at every stage of your legal process. Expect clear, regular
updates and prompt answers to your questions. We make sure you understand every
step in the legal process.

Unwavering Determination

Our team is dedicated to defending your rights. We explore every possible legal
avenue, committed to building the strongest defence that will achieve the best
outcome for you. Our determination means we fight vigorously on your behalf.

Protect Your Rights

Get a Free Case Evaluation Today!

Get Your Free Case Evaluation


HOW WE DEFEND AGAINST DOMESTIC ASSAULT ALLEGATIONS

Facing domestic assault charges? We’re here to help. We understand how
overwhelming and stressful this situation can be. You don’t have to face it
alone.

In an environment of strict law enforcement and persistent prosecution,
knowledgeable legal guidance is essential. Moreover, securing early legal
support is vital for effectively navigating the proceedings and protecting your
rights. Our team offers strategic defence against aggressive prosecution, backed
by extensive experience defending clients across Ontario.




FALSE ACCUSATION

False domestic assault charges require a strong defence and evidence to assert
innocence. Key evidence includes alibis, contradicting digital communications,
and witness testimonies. We collect detailed evidence and identify
inconsistencies in the complainant’s version of events, where the Crown’s
evidence may be lacking, or if the complainant mistook the accused identity. By
challenging the credibility of accusations through thorough investigation, we
can significantly influence the case’s outcome, ensuring justice.


UNINTENTIONAL/ACCIDENTAL HARM

In domestic assault cases, it is crucial to consider unintentional or accidental
harm. This defence strategy involves acknowledging that physical contact
occurred but that it lacked the intent to cause injury or instill fear.
Nevertheless, injuries may have resulted from reflexive actions, efforts to
prevent further harm, or even during attempts to de-escalate a situation. Clear
evidence, such as witness testimonies, video footage, or expert analysis, is
essential to corroborate the absence of malicious intent. Demonstrating that the
contact was incidental and not deliberate aggression can significantly influence
the case’s outcome.


SELF-DEFENCE, OR DEFENCE OF A FAMILY MEMBER

Canadian law recognizes the right to self-defence. This defence is often crucial
in domestic assault cases. It applies when the accused acted to protect
themselves or a relative from imminent harm, especially if the other person
initiated the attack or has a history of violence. The defence must show that
the force used was necessary, proportionate, and reasonable to prevent further
harm. Supporting evidence includes witness testimonies, prior reports of
violence, and expert analysis.


PROCEDURAL OR INVESTIGATIVE ERRORS

Defending against domestic assault charges may involve highlighting procedural
or investigative errors. Mistakes by law enforcement, such as failure to follow
protocols, bias, or evidence collection errors, can significantly impact the
case. We thoroughly examine the police investigation, scrutinizing evidence
handling, and upholding the accused’s rights. Identifying these errors can
undermine the prosecution’s case, potentially leading to reduced charges, a stay
of proceedings or withdrawal of charges. Our thorough approach ensures any law
enforcement missteps are highlighted, protecting our client’s rights and
strengthening their defence.


UNDERSTANDING SENTENCES AND PENALTIES FOR A DOMESTIC ASSAULT CHARGE

The outcomes of domestic assault charges can range from a stay of proceedings,
withdrawal of charges, acquittal, or substantial prison sentences. Factors like
the severity of the injury, if the accused is showing genuine remorse, and a
number of other circumstances influence sentencing. Under section 266 of the
Criminal Code, penalties depend on whether the offence is prosecuted summarily
or as an indictable offence.

Summary offences: up to 18 months of
imprisonment and/or a fine.

Indictable offences: 

 * Up to 5 years for simple assault.
 * Up to 10 years for assault causing bodily harm or with a weapon.
 * Up to 14 years for aggravated assault.

The Crown treats domestic assault cases seriously, often resulting in higher
sentences than non-domestic assaults. Hiring an experienced domestic assault
lawyer is crucial to navigate these challenges and work towards a favourable
outcome, including potential charge reductions or dismissal.


CONSEQUENCES OF A CONVICTION

A domestic assault conviction carries long-term consequences beyond legal
penalties. In addition to a lifelong criminal record removable only through a
complex pardon process, a conviction can also impact your employment
opportunity, housing opportunities, and ability to travel. It also restricts
volunteer work or careers requiring background checks, such as teaching or
childcare and negatively impacts child custody and visitation rights. These
significant consequences underscore the importance of seeking experienced legal
representation.


HOW IT WORKS

Request a Free Case Evaluation

We offer a free initial consultation to discuss your case. Our lawyers will
evaluate your situation’s strengths and weaknesses, offering preliminary advice
and potential strategies tailored to your needs. This consultation helps you
understand your legal standing and make an informed decision about hiring us.

Book a Consultation

During your consultation, we dive deeper into your case, explaining legal costs,
and procedures, and answering any questions you have. We review the retainer
agreement to ensure you fully understand the terms, fostering transparency and
trust.

Secure Your Defence

Once retained, our lawyers will represent you and develop a robust defence
strategy. We are dedicated to protecting your rights, freedom, and interests
throughout the legal process.

Protect Your Rights

Get a Free Case Evaluation Today!

Get Your Free Case Evaluation


SERVICE AREAS

We offer legal representation, as well as free case evaluations and
consultations across the Greater Toronto Area and surrounding cities.

 * Toronto

 * Scarborough

 * Barrie

 * Hamilton

 * Mississauga

 * Oshawa

 * Brampton

 * Newmarket

All service areas


NAVIGATING BAIL CONDITIONS FOR DOMESTIC ASSAULT CHARGES

After an arrest for domestic assault, the legal process begins immediately,
significantly impacting your life. You’ll be taken into custody and a bail
hearing scheduled within 24 hours, setting the stage for what to expect while
awaiting trial.

Understanding the Bail Process

Understanding the bail process and potential conditions, such as no-contact
orders, home restrictions, weapon prohibitions, and bans on alcohol and drug
use, is essential. The accused may also need to sign a recognizance, which could
include anger management counselling or electronic monitoring.

Importance of Legal Representation

Immediate skilled legal representation is crucial. We provide urgent assistance
during the bail hearing to secure release under the most favourable conditions.
Failure to comply with bail terms can result in re-arrest and detention until
the trial. Our lawyers aim to navigate this process effectively, ensuring the
best possible outcome for our clients.


TAKE ACTION TODAY WITH A FREE CASE EVALUATION

If you are charged with domestic assault, consulting an experienced domestic
assault lawyer is crucial to protecting your rights and defending your future.
Our domestic assault attorneys have the experience and skills to help you
navigate this challenging time. Reach out today for a free consultation and take
the first step towards securing your defence.



Protect Your Rights

Get a Free Case Evaluation Today!

Get Your Free Case Evaluation


FREQUENTLY ASKED QUESTIONS


 * HOW MUCH WILL IT COST TO HIRE A LAWYER FOR MY DOMESTIC ASSAULT CASE?
   
   The cost of a lawyer depends on your case’s circumstances, the complexity of
   the charges, and the time needed to prepare a proper defence. Typically, a
   flat fee retainer is charged initially, with a fee based on the case’s
   outcome. For example, if charges are withdrawn, a lower fee may apply; if the
   case goes to trial, a higher fee might be required due to the extensive work
   that will follow preparing for trial. Each domestic assault case is unique,
   so contact our office to schedule a consultation. A lawyer will review your
   case and provide an exact cost estimate.


 * CAN THE COMPLAINANT BE CHARGED FOR TAKING BACK THEIR STATEMENT?
   
   In domestic assault cases, the Crown prosecutor, not the complainant, decides
   whether to proceed with charges. Even if the complainant recants their
   statement, the Crown can continue with the prosecution if there is enough
   evidence to do so without the complainant’s testimony. Complainants who
   change their story risk charges like obstructing a peace officer (up to 5
   years in jail), obstructing justice (up to 10 years), and fabricating
   evidence (up to 14 years). However, police and prosecutors don’t always file
   charges against recanting complainants. They may recant for a variety of
   reasons, including fear of further violence, financial dependence on the
   abuser, or pressure from family and friends. This makes it difficult to
   establish a clear-cut rule about when and whether to charge complainants who
   recant.


 * WHAT ARE THE FACTORS IN HAVING DOMESTIC ASSAULT CHARGES DROPPED?
   
   When deciding whether to withdraw a charge, the Crown Attorney’s Office may
   consider factors such as the lack of prior police involvement, no prior
   criminal record, absence of injuries, and whether the incident is a single
   occurrence rather than repeated. Additional considerations include the
   absence of a weapon, no children present, no allegations of choking, and no
   claims of isolating, stalking, or controlling behaviour. Repeated incidents
   of domestic violence, however, are an aggravating factor against the accused.


 * WHAT DOES IT MEAN IF THE CROWN PROCEEDS BY WAY OF INDICTMENT?
   
   In Canada, many assault charges are hybrid offences, meaning the Crown
   prosecutor can choose to proceed by summary conviction or indictment. The
   latter involves more serious processes and higher maximum penalties. Maximum
   sentences vary by offence severity, ranging from up to 5 years for simple
   assault to 10 or 14 years for more serious assaults. If the Crown proceeds by
   indictment, the accused has the right to a jury trial, but a conviction may
   result in greater consequences.