Domestic Assault Defence Lawyer
At Bonn Law, we understand the gravity of being charged with domestic assault and the impact it can have on your life. Our experienced criminal defence lawyers are committed to guiding you through every step of the legal process with skill and compassion. We work diligently to protect your rights and pursue the best possible outcome.
Bonn Law defends individuals charged with domestic assault by offering a strategic, compassionate, and meticulous approach tailored to such cases.
Understanding Domestic Assault Charges in Ontario
Domestic assault refers to an assault that occurs between people in an intimate or family relationship, such as spouses, partners, or relatives living in the same home. Canadian Family Violence Laws state charges for spousal violence are treated as seriously as stranger violence. The police may arrest the plaintiff and hold them until their bail hearing, or longer if the judge decides.
Being charged with domestic assault can be one of the most stressful experiences a person can face. These charges often arise suddenly, following an argument or misunderstanding, and have life-altering consequences. At Bonn Law, we understand that domestic situations are complex. Our domestic assault lawyers work closely with clients to ensure their rights are protected and they have the opportunity to tell their side of the story.
Domestic Assault Legal Breakdown
265 (1) A person commits an assault when
- without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
- while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
- the application of force to the complainant or to a person other than the complainant;
- threats or fear of the application of force to the complainant or to a person other than the complainant;
- fraud; or
- the exercise of authority.
(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief.
What Is Considered Domestic Assault?
- Physical assault: Unwanted physical contact such as hitting, pushing, or grabbing.
- Threats or intimidation: Threatening bodily harm or property damage.
- Sexual assault: Non-consensual sexual activity within a domestic setting.
- Criminal harassment: Repeated communication, following, or threats that cause fear.
- Domestic aggravated assault: Assaults causing significant injury or involving a weapon.
The Legal Process After a Domestic Assault Charge
Once a domestic assault allegation is made, police are often required to arrest an individual if they believe the law was broken, even if the alleged victim does not want to proceed. The accused will typically be charged and may be released with strict bail conditions, such as avoiding contact with the alleged victim or staying away from the family home.
At Bonn Law, we guide clients through every stage of this process. Our lawyers can assist in:
- Securing reasonable bail so you can return to work or home while awaiting trial.
- Negotiating modifications to bail conditions when appropriate.
- Reviewing evidence such as witness statements, text messages, and 911 recordings.
- Preparing a strong defence strategy to challenge inconsistencies or unreliable testimony.
Our goal is to protect your freedom and reputation while working toward the best possible outcome.
What If the Complainant Wants the Charges Dropped?
Our experienced domestic assault lawyers can communicate with the Crown to present evidence, arguing that there’s no reasonable prospect of conviction, or negotiate alternatives such as a peace bond for a resolution to the charges.
We also understand that domestic disputes can overlap with family law issues, such as separation or child custody. While we focus on criminal defence, we can connect you with a trusted family law specialist if your case requires it.
Potential Penalties for Domestic Assault
If convicted of domestic assault, the penalties vary depending on the severity of the allegations and whether there was evidence of bodily harm. Sentences can range from probation or fines to jail time. More serious offences, such as aggravated assault or assault with a weapon, carry heavier penalties.
A conviction may also result in:
- A permanent criminal record
- Loss of employment or barriers to obtaining and maintaining professional licenses
- Immigration consequences for non-citizens
- Restrictions on travel and firearm ownership
That’s why legal intervention is necessary. At Bonn Law, we act quickly to analyze the evidence and explore all possible defences.
Defending Domestic Assault Allegations
Every case is unique, and our defence approach is always tailored to the individual circumstances. Common defences to assault allegations include:
- Self-defence or defence of another
- False or exaggerated claims
- Lack of intent
- Consent
- Insufficient evidence
Our firm has over 50 years of combined experience representing individuals in criminal charges throughout the Quinte region. We don’t simply settle; we’re prepared to take your case to trial if that’s what’s needed to protect your future.
Key Elements of Defence
To prove the offence of Domestic Assault, the Crown must prove one of the following three occurred to a domestic partner, sibling, friend, child, or parent of the accused.
- The intentional, non-consensual application of force.
- An attempt to threaten non-consensual application of force.
- Interfering with a person while having a weapon.
To defend, our legal team will conduct a meticulous review of all available evidence, listen to your account with empathy and respect, and develop a robust defence strategy tailored to your circumstances. We will carefully examine the case for any inconsistencies or procedural errors and assess whether your Charter Rights were infringed upon during the arrest or investigation process.
Why Choose Bonn Law for Your Domestic Assault Defence?
Facing a domestic assault charge is a serious and life-altering experience. At Bonn Law, we understand the high stakes involved and are committed to providing you with the strongest possible defence.
Proven Experience in Criminal Defence
Our team has extensive experience handling a wide range of assault cases, including domestic assault, the most serious form under Canadian law. We know how to navigate the complexities of the legal system and build a strategic defence tailored to your unique situation
Personalized, Compassionate Support
We recognize that every case is different. That is why we take the time to understand your story, explain your legal options clearly, and support you through every step of the process. You are not just another case number – you are a person who deserves a fair defence.
Strong Track Record of Results
Bonn Law has earned a reputation for excellence in criminal defence. Our lawyers are known for their integrity, diligence, and results-driven approach. We fight to protect your rights and minimize the impact of criminal charges on your future.
Local Knowledge and Courtroom Expertise
Based in Belleville, Ontario, we have deep knowledge of the local courts, judges, and prosecutors. This insight allows us to anticipate challenges and advocate effectively on your behalf.
Full-Service Legal Support
Whether your case involves complex evidence, multiple charges, or related legal issues, our team is equipped to handle it all. We collaborate closely to ensure no detail is overlooked.
Contact Bonn Law Today
If you have been criminally charged with domestic assault, do not wait to seek legal representation. Contact Bonn Law today. Let us help you navigate the legal process and secure the best possible outcome. Your future is our priority, and we are here to support you every step of the way.
Our lawyers practicing in this area include:
