Strategic and Strong Defence for Domestic Assault Charges
Striving for Justice and Fairness.
Why You Need A Lawyer for Domestic Assault Charges
Defending the rights of the accused with the support of private investigators, experts, and professional counsellors, Ryan Patmore has successfully helped people from all walks of life clear their names and restore their situations in serious cases.
Domestic Assault charges are considered to be particularly aggravating by Canadian Judges and law enforcement, due to the breach of trust and safety when violence occurs within the safety space of a person’s home, where they are meant to feel safe, and rely on their parents, spouses and loved ones for support and trust in this intimate and trusted environment.
Ryan Patmore understands the legal complexities and lasting impact that being charged with Domestic Assault can have, and the immediate and profound impact, often causing emotional turmoil and life-changing consequences. When children and dependents are involved, the effects can be especially devastating and aggravating.
If you or a loved one is facing domestic assault charges, it's essential to seek out a lawyer with the necessary experience and skillful advocacy. Contact Ryan Patmore to help you prepare the strongest possible defence today.
Why Do You Need a Criminal Lawyer?
Learn what to expect when charged with a criminal offence and how a lawyer can guide you through the legal process.
What is Domestic Assault?
In Canada, Assault is defined under sections 265 and 266 of the Criminal Code. An Assault occurs when:
A person intentionally applies force to another person, directly or indirectly, without the other person’s consent;
A person attempts or threatens, through actions or gestures, to apply force to another person, causing the other person to reasonably believe that they have the ability to carry out the threat; or
While visibly armed with a weapon or an imitation, a person confronts, obstructs, or begs from another person.
The term "Domestic Assault" is used by lawyers and judges to describe cases where the accused is in an intimate relationship with the complainant. This term doesn’t involve special legal rules, nor does it require the accused and complainant to be married. It can refer to alleged assaults between spouses, dating partners, or even family members such as siblings or parents and children.
Domestic Assault charges are prevalent and serious in Canada, and there are specialized courtrooms devoted to these cases to address these charges specifically.
A conviction for Domestic Assault charges can lead to various penalties, depending on the severity of the offence, the accused's prior criminal history, and the circumstances of the case. Potential consequences include jail time, fines, restrictions on your liberty prior to resolution, probation, and a criminal record, which can affect future employment opportunities and travel.
Frequently Asked Questions
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After a domestic assault charge, the accused may be arrested, released by police, or held for a bail hearing.
In many cases, release comes with strict conditions. These may include no contact with the complainant, not returning to the family home, not attending certain places, and not possessing weapons. These conditions apply even if the complainant wants contact to continue.
The case is then handled by the Crown prosecutor. The complainant does not control whether the charge moves forward or gets withdrawn. A defence lawyer can review the disclosure, assess the evidence, speak with the Crown, and help the accused understand their options.
Canadian criminal courts can impose release conditions, including no-contact conditions, when family violence charges have been laid
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In Canada, an assault charge does not require the accused to have caused a lasting injury to the complainant. Actions like shoves pushes, raised hands or weapons, and threatening words or gestures fall under the legal definition of assault. Even if no physical injury occurs, an assault charge can still be filed and prosecuted in court.
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If the complainant allegedly suffers injuries, the assault charge may be elevated to Assault Causing Bodily Harm or Aggravated Assault, depending on the severity of the injuries.
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Assault with a Weapon occurs when someone carries, uses, or threatens to use a weapon or an imitation weapon against another person. Examples include raising a hammer, waving a knife, or hitting someone with an object intended as a weapon.
The use of weapons in domestic relationships is taken very seriously by the Crown. This offence can be prosecuted as either a Summary Conviction, with a maximum penalty of 18 months imprisonment, or as an Indictable offence, carrying a penalty of up to 10 years in prison.
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Police officers are not family counsellors. When they respond to a domestic assault scene following a 9-1-1 call, their job is to enforce the law. If they have reasonable grounds to believe a domestic assault has occurred, they will arrest the accused and take them into custody.
Even in cases of minimal alleged assault, such as a push, the police often lay charges, detain the accused, and impose conditions that prohibit the accused from:
Returning to the family home;
Contacting the complainant directly or indirectly, whether verbally, in writing, or electronically;
Attending any location where the complainant may be, such as their place of work or school.
The complainant does not control this process—the police do. Many believe that the complainant has a say in whether charges should be filed, but this is incorrect.
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The complainant does not have control over the court process or the decision to proceed to trial. That decision rests solely with the Crown. Crown counsel follow strict policy directives and guidelines for handling domestic assault charges.
Specialized "Domestic Crown" teams ensure consistency in approach and adherence to Ministry policies. The Crown is obligated to continue with a prosecution if there is a "reasonable prospect of conviction" and if prosecution "is in the public interest." The "public interest" aspect is evaluated with a focus on protecting the victim.
When making their decision, Crown counsel will consider factors such as:
The severity of the assault;
The presence of children;
A history of police involvement;
Previous domestic assaults by the accused, whether against the same or different partners;
The accused's background;
Any mental health, drug, or alcohol issues;
The complainant's wishes;
Steps the accused has taken to address the behaviour, such as attending anger management, mental health counselling, or addiction treatment.
Assault Causing Bodily Harm
In Canada, Assault Causing Bodily Harm is a more serious form of assault. It occurs when an individual, during the commission of an assault, causes bodily harm to the complainant. "Bodily harm" refers to any injury that impacts a person's health or comfort and is more than minor or temporary. This can include bruises, cuts, scrapes, or broken bones.
This offence carries a penalty of up to 18 months in jail if the Crown proceeds by summary conviction, or up to 10 years in jail if prosecuted by indictment. Sentences for a domestic Assault Causing Bodily Harm can vary based on factors such as the severity of the physical and emotional harm to the complainant, the accused's prior criminal history, and the specific circumstances of the incident.
Aggravated Assault
Aggravated Assault is the most severe type of assault in Canada. It involves cases where the accused is alleged to have wounded, maimed, disfigured, or endangered the life of another person. This offence is classified as an indictable offence and, in domestic situations, often leads to the harshest penalties, including sentences of up to 14 years in prison.
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Stabbing or Cutting: Using a knife or any sharp object to wound another person.
Severe Beating: Repeatedly striking someone, causing serious injuries like broken bones, internal injuries, or significant disfigurement.
Assault with a Firearm: Shooting or attempting to shoot someone, even if the shot does not result in death.
Assault Leading to Permanent Disfigurement: Actions that result in permanent scars, burns, or the loss of a limb.
Strangulation or Choking: Cutting off someone’s air supply to the point of endangering their life.
Using Acid or Other Corrosive Substances: Intentionally throwing or applying corrosive substances to cause severe burns or disfigurement.
Assault Leading to Loss of a Bodily Function: Injuring someone to the extent that they lose the ability to see, hear, walk, or perform other vital functions.
Inflicting Life-Threatening Injuries: Causing injuries that put the victim’s life at risk, such as severe head trauma.
Assault Involving Torture or Prolonged Violence: Engaging in acts of extreme violence or cruelty over a prolonged period.
Causing Severe Psychological Harm: Although rare, actions that result in extreme psychological trauma alongside physical harm can also be considered Aggravated Assault.
These examples emphasize the seriousness of Aggravated Assault charges, which involve significant harm or risk to the victim's life. text goes here