If you have been charged with domestic assault( the complainant/victim is your wife/husband, common law partner, girlfriend/boyfriend ), expect the following in almost every circumstance if you are released pending trial.
1. You will be prohibited from residing together.
2. You will not be able to return to your residence, except on one occasion, to obtain your property, in the presence of a police
officer: (keep in mind that property means personal property usually, like belongings, computer, etc.)
3. You will not be able to possess weapons or apply for an FAC certificate.
4. You will not be able to have contact with the complainant directly or indirectly (including email, text, or passing messages through a third party)
5. Such conditions are extremely difficult to change, unless you are prepared to plead guilty.
6. Even if the complainant changes their mind and requests that the charge be withdrawn, it rarely occurs: the matter is before the courts now and the crown will proceed in spite of the complainant’s lack of desire to continue with the process.
7. The decision to plead guilty will have significant ramifications, usually to the detriment to the accused.
If you have, or are thinking of reporting your partner, etc. with domestic assault, please consider the following:
1. Judges, lawyers and crowns are aware that in some cases, the complainant is using the criminal justice system to gain advantage in familly court.
2. Making a false allegation is a criminal offence.
3. Do not expect that you will be able to undo the damage you will have caused, by making a false allegation.
4. If you are reporting a genuine allegation, keep in mind that your partner may be prohibited from returning to the residence, if he/she chooses to have a trial, for several months, depending on the jurisdiction. Trial dates in Toronto are being set at least six(6) months in the future.
5. It is difficult for a crown to agree to vary the bail to allow you and your partner to attend for counselling, unless he/she pleads guilty.
6. Domestic assault is a crime. Noone deserves to be assaulted, especially from your partner. The damage it does to a family and to the victim, could be long lasting.
I have represented countless accused and victims in my 22 years as a criminal lawyer. It is continues to be frustrating for both parties. I believe that people need to be better educated in how difficult the criminal justice system can be to navigate properly. I have been fortunate to learn about the dynamics of many cultures. I believe it is imperative to understand the community in order to find a solution to the problem that we all face: relationships often encounter many challenges and keeping it healthy in an environment of stress is an almost impossible task. Do not wait until the dynamics have become so intolerable. Seek out guidance from your family doctor, your priest, your family, a therapist, your close friends. Of course seek out the police if you are being abused.
I am here to advocate on your behalf. I am here to protect your rights. I am here to ease your stress and suffering. My expertise includes finding solutions to the problem(s). I am compassionate and relentless, driven and insightful. I am passionate and strong willed. Let me help you in this time of need.
TORONTO CRIMINAL LAWYER: MARCY SEGAL: OBTAINING RESULTS FOR CLIENTS:
