How is a Matter Screened as Domestic?
Domestic violence is not a criminal offence itself, but it is sub-set of offences based on your relationship with the complainant. Domestic violence cases have issues, events, and legal considerations that arise right from the outset, and that you may overlook leading to lasting consequences if not addressed effectively.
A domestic matter is any case where there is a domestic relationship. This is a broad definition, and therefore many matters are considered domestic. A case with your family members (father, mother, siblings), your current partner, or even a past partner (ex-wife, ex-husband, ex-girlfriend, ex-boyfriend) as the complainant will be screened as a domestic charge.
Will the Crown Withdraw my Domestic Charge?
Many clients ask us if the Crown will withdraw the matter before the first court date, and the answer is always: very rarely. The Crown will receive disclosure from the police, screen the file, and provide their position on the Crown screening form. This usually happens before the first court appearance, but it does not mean that the charges will be withdrawn before the first court appearance.
Domestic violence charges are commonly withdrawn in the criminal courts. These cases typically involve an individual with no criminal record willing to complete upfront work, and domestic offences which did not involve injury or serious violence. Even if the Crown is considering withdrawing a domestic violence charge, the Crown will typically require steps to be taken. These steps often include upfront counselling such as PAR programming and entering into a peace bond.
Why you Should Hire an Experienced Domestic Violence Lawyer?
An experienced domestic violence lawyer can protect you at every stage of the criminal process. The domestic violence defence lawyer will also explain the process, appear on your behalf, and attempt to have your bail varied so that the accused can return to the household as quickly as possible.
The domestic violence lawyers at Lockyer Zaduk Zeeh have represented countless individuals facing domestic violence offences. Our goal is to resolve the matter without a guilty plea and restore your life and reputation to that way it was before you were charged. This is done by securing any necessary bail variations, holding discussions with the Crown about withdrawing the charges, and going to trial to skillfully represent your interests.
Please our experienced domestic violence lawyers at 416-613-0416 to schedule your free initial consultation and learn more about how our domestic violence lawyers can assist you in resolving your domestic violence charges.