While all assault charges are serious, cases involving domestic assault or domestic violence are given particular attention and are vigorously prosecuted by Ontario authorities. Accusations of domestic abuse can result in removal of a defendant from the home and strict limitations on their behavior while charges are pending; a conviction can mean a permanent criminal record, fines, or even jail time. If you have been accused of domestic assault and are facing not only the loss of your freedom, but damage to your reputation, your relationships, and your career, you need to treat the charge as seriously as do the Crown Prosecutors. The experienced criminal defence lawyers at Hobson & Reeve, Barristers understand this complex area of law, will zealously protect your rights, and will provide you with a vigorous defense against these charges. Victims Don’t Prosecute Domestic Assault Cases, the Crown Prosecutors Do.
A common misconception about domestic assault cases is that the alleged victim of the assault makes the criminal charge and therefore can also be the one who drops the charge, sparing the assailant from prosecution. While the victim does put the wheels of prosecution in motion by making the initial domestic assault allegation, Crown Prosecutors make the decision whether to press, or ultimately drop, domestic assault charges. Prosecutors may ask for input from the police and/or the alleged victim, but they are not required to do so, and the final determination as to whether to proceed with charges lies with them. Both David Hobson and Dennis Reeve are former Crown Prosecutors who understand how these decisions are made and how to best defend against domestic assault charges after, and sometimes before, such charges are made.
After an arrested domestic assault defendant is released from initial custody, a judge will almost always enter a “No Contact” order which will prohibit them from having any contact with the complainant (whether in person, by phone or e-mail, or via any other means of communication). A violation of the order will likely result in the alleged assailant’s re-arrest which will make it extremely difficult to obtain a further release on bail. Additionally, if children are involved in a domestic assault incident, special arrangements need to be made to allow for visitation rights.
If you’ve been charged with domestic assault, you need to have an experienced criminal defence lawyer like David Hobson or Dennis Reeve who understands not only the complexities of the law but can also present you with options that may spare you from the harsher consequences of a domestic assault conviction. Early intervention programs, for example, may give you an opportunity to resume contact with the complainant as long as you agree to participate in counseling on matters concerning domestic violence and relationships.
Retaining the exceptional and dedicated criminal defence lawyers at Hobson & Reeve, Barristers at the earliest opportunity will give you the greatest chance at a favourable outcome and allow you to move forward with your life.
The legal team of Hobson & Reeve, Barristers has over 60 years of collective criminal law experience. Our lawyers have worked hard to establish themselves as formidable litigators in court as well as efficient negotiators on matters such as plea bargains. Both David Hobson and Dennis Reeve have served as Crown Prosecutors; this experience gives them invaluable insight into each case’s unique strengths and weaknesses and helps them choose the best strategies for protecting their clients. They are dedicated to impeccable preparation, fierce yet professional advocacy, and providing the best possible defence for each client. Hobson & Reeve look forward to bringing their decades of legal experience to your case, protecting your rights, and providing the advice and representation you need. If you’ve been charged with domestic assault, call them at 866.619.9646 for a free initial consultation.