Questions and Answers Which Apply To Most Cases Of Domestic Assault
It is vital to be informed concerning the law within problems concerning charges laid in domestic dispute situations. In domestic disputes where police are called, the police would lay criminal charges against the party involved, normally a boyfriend or spouse. It is not rare for the complainant to try to have the charges withdrawn later. Then again, once 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 each and every situation, oppose bail variations to be able to enable for communication between the accused and the alleged victim. The individual charged will not be allowed to return to the home.
If you are charged with Assault, Assault with a Weapon, Assault Cause Bodily Harm, Criminal Harassment, Threatening or Breach of Recognizance, you should not attempt to argue with the police or prosecuting attorney about the charges. You have to get in touch with a lawyer at once. Our skilled criminal lawyers are recognized for their results representing their clients’ rights in the Courts. We will guide you all through the procedure and make sure that you uphold all your rights. We are discrete and would maintain your confidentiality.
There are some questions usually asked concerning assault cases. The following answers usually apply to most situations. Nevertheless, a lawyer must review the factual basis of the allegations to be able to arrive at an informed response. Call us for a free consultation for answers to whichever questions you might have.
1. Can charges be withdrawn by the victim?
No, once a charge is laid the authority to withdraw a charge lies only with the prosecuting attorney, who in the majority of situations will not withdraw a domestic assault charge. Nonetheless, the Crown would consider the victim’s view previous to deciding on the correct course of action to take.
2. Can I get bail?
There are various aspects influencing bail decisions. The court will take into consideration past criminal records, the nature of the allegations, and whichever history of violence between partners. If there is a surety available, the court will like to know if the accused can live with the surety.
3. Can I return home and/or communicate with my spouse?
All communication is not allowed if the bail stipulates that there is to be no indirect or direct contact. Do not telephone, text, facebook or e-mail your spouse. Even sending a message through a friend will be considered a breach of the provision in your bail. Such a breach would result in you being sent back to jail for another bail hearing.
4. What happens if the complainant gets in contact with me?
Sometimes the complainant would try to get in touch with the accused to make amends. Nevertheless, any communication (if not allowed by bail) between the accused and victim is considered a breach, even when initiated by the complainant.
5. Would my case cause a criminal record?
This will ultimately depend on the details of each and every case and can just be answered after reviewing the details. Within some situations, 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 free of charge, wherein we can give you an estimate. All cases are different. The cost depends upon various things, such as the time needed and the difficulty. Assault cases require trial preparation and careful attention. In some situations, witnesses would be interviewed and medical evidence will be included.
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