Oct 17
What Happens Once I’ve been Charged with Domestic Assault?
When you are arrested, you will either be released on a Promise to Appear (and Form 10), or you will be held for bail. If you are held for bail, you must be brought before a Justice of the Peace within 24 hours, or your Charter rights will be breached. While at the police station, or on a later date if released on a promise to appear, you will be required to provide your fingerprints and have photographs taken.
If you are released in bail court or on an Undertaking to the officer-in-charge, you will be required to follow specific conditions. Although conditions will vary depending on the circumstances of each case, you will not be allowed to communicate or be with the complainant. Even if the complainant did not want the police to charge you and wants contact with you, your bail conditions will typically prohibit you from contacting them. However, the complainant is not prevented from contacting you. If you and the complainant share a child, there will be an exception to the non-communication condition which will occur through a mutual-agreed upon third party or according to the terms of the Family Court Order.
Will I get Bail if I am Charged with Domestic Assault?
Individuals charged with domestic assault, or other domestic-related charges, are regularly released on bail while they await their trial. Although there are many factors to consider when looking at each case, the most important consideration would be the possibility of a prior criminal record, particularly if the criminal record has convictions for previous incidents of domestic violence. Other important factors: pending charges and facts, past performance while on judicial interim release, age, strength of the Crown’s case, potential sureties and release plan, personal factors, such as employment, family care issues, age.
What Happens After I have Been Released on Bail?
Around the time of your first court appearance, you will be provided disclosure by the Crown. Disclosure is the case against you, which will include witness statements, police notes, 911 calls, etc. Once disclosure is complete, there will be Crown pre-trials and judicial pre-trials to determine how the matter will be proceeding (if it will resolve, proceed to a preliminary hearing, or a trial). If a trial is set, the Crown will be required to call witnesses and other evidence to try to prove their case. To be found guilty at your trial, the trial judge will need to find you committed the offence beyond a reasonable doubt.
I am Being Charged with Domestic Violence what Should I Do?
You should call the experienced criminal defence lawyers at Lockyer Zaduk Zeeh. Our office has represented countless individuals facing domestic violence charges. We represent clients in all jurisdictions in Ontario, such as Hamilton, Brantford, Guelph, Kitchener, Stratford, Woodstock, and London.
