Questions Regarding Domestic Assault Our Company Can Answer
In domestic dispute situations, it is important to be informed regarding the law. In situations of domestic disputes where the police are called, the police will lay criminal charges versus the party implicated, usually a spouse or boyfriend. It is not rare for the complainant to attempt to have the charges withdrawn afterward. However, as soon as police have laid charges, the alleged victim has no control over the decision to continue with prosecution. The charges cannot be dropped. The prosecution will, in practically every case, oppose bail variations so as to allow for communication between the alleged victim and the accused. The person charged will not be permitted to return to the house.
You should not try to argue with the prosecuting attorney or police about the charges, if you happen to be charge with Assault, Assault with a Weapon, Assault Cause Bodily Harm, Criminal Harassment, Threatening or Breach of Recognizance. Contacting a lawyer should be done immediately. Our experienced criminal lawyers are well respected for their results representing the rights of their clients in the Courts. We would guide you through the process and ensure that all your rights are upheld. We are discrete and will maintain your confidentiality.
There are several queries frequently asked about assault cases. The following answers normally apply to the majority of cases. Nonetheless, a lawyer should review the factual basis of the allegations to be able to arrive at an informed response. Get in touch with us for a free consultation for answers to whatever questions you might have.
1. Can charges be withdrawn by the victim?
No, as soon as a charge is laid the authority to withdraw a charge lies only with the prosecuting attorney, who in most cases will not withdraw a domestic assault charge. Then again, the Crown will take into account the victim’s view before deciding on the right course of action to take.
2. Can I get bail?
There are different aspects influencing bail decisions. The court will consider the nature of the allegations, past criminal records, and whatever history of violence between partners. If there is a surety obtainable, the court will want to know if the accused can live with the surety.
3. Can I return home and/or communicate with my spouse?
Communication is forbidden if the bail stipulates that there should be no direct or indirect contact; which means that you must not telephone, text, e-mail, facebook your spouse. Even sending a message via a pal would be considered a breach of the provision in your bail. Such a breach would cause you being sent back to jail for a different bail hearing.
4. What takes place if the complainant gets in touch with me?
At times the complainant will attempt to make contact with the accused to make amends. However, whichever communication (if restricted by bail) between the accused and victim is considered a breach, even when initiated by the complainant.
5. Will my case result in a criminal record?
This depends on the particulars of the case and can only be answered with a review of the details. In minor cases, the prosecution may consider a peace-bond. The more serious the allegations, the more significant the penalty.
6. How much would I end up spending?
Our first consultation is given without charge, during which we could give you an estimate. All cases are unique. The cost depends upon different aspects, like difficulty and the time needed. Assault cases require trial preparation and careful attention. Within various situations, medical evidence will be included and witnesses would be interviewed.
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