Domestic Violence And Spousal Assault Charges In Hamilton And Surrounding Areas
Domestic violence is the most widespread and prevalent form of violence in Canada and abroad.
Family violence and family law involve the most important aspect of human life-family and loved ones.
Unfortunately, domestic disputes can often lead to domestic violence disputes and subsequently domestic violence charges.
Domestic assault and spousal assault charges are serious charges.
Victims of domestic violence come in many forms, and often there is more than one victim in a scenario; sometimes a complainant has deemed an abuser as well.
Hamilton and surrounding areas hear cases on these charges every day the courts are open.
In fact, these charges are the most heard of all charges involving violence in all of Ontario -and- all of Canada.
A wide range of circumstances can lead to a domestic assault charge.
They can happen during the middle of a marital breakdown or as part of a long-standing pattern of disputes or allegations of violence.
Sometimes they happen in connection to alcohol or drug use and may be caused by an argument that spirals out of control.
Charges may also involve threats and mischief to property.
Because of the wide variety of situations, our clients have a wide variety of needs.
Some wish to return to their homes and families as soon as possible.
Others want to end the relationship or protect themselves from getting a criminal record.
At Bernstein Law Group, we get to know the individual situation and the needs of our clients when discussing their options and proposing solutions.
Dealing With The Charge
Domestic disputes and domestic assault cases are governed by common law and statutory law, including criminal law.
Domestic assault charges, including domestic abuse; criminal harassment; and domestic violence, are known to be more difficult to escape conviction than a regular assault charge.
Domestic assault charges include the very real possibility of facing criminal charges for the criminal offense, which carries with it a very serious risk of a criminal conviction.
An accused person may not have had the intent to cause bodily harm and may not have intended to commit any form of assault.
Criminal charges and a criminal record have a serious impact on one's reputation, financial security, occupational security, relationships with friends & family members, and one's personal well-being.
Relatedly, conviction often involves a loss of personal freedoms and jail time.
It is of utmost importance to seek counsel and legal advice from a qualified and knowledgeable domestic violence lawyer (criminal defense lawyer, domestic assault lawyer, family lawyer).
When you come to us, we will discuss a number of issues, including:
- The facts of the case: The events surrounding a spousal abuse charge often happen quickly, and witnesses may have very different versions of what happened.It's important to get your side of the story out, but telling it to the police without a lawyer present is never a good idea.
It is important to coherently establish who the abuser is or who the abusers are, and the relevant details of the various possible forms of abuse.
The accused person may not be the only abuser.
Let us listen to your side, and tell it in a way that will not get you into even more trouble.
- Family disruption: Your alleged victim may be just as upset as you, may want to drop the charges, and may need counseling.The family and family home may be disrupted by No Contact orders.
Legal disputes can greatly impact your happiness with an intimate partner.
If your priority is to get the family back together, we will work to deal with your charges as quickly as possible.
- Anger management and counseling: Sometimes a solution may involve going to anger management therapy, or getting counseling.We will help you connect to possible therapists, especially if therapy can help us deal with the charges against you.
Domestic violence disputes can involve a complexity of hearings, discussions with the crown attorney, bail hearings & bail conditions, peace bonds, restraining orders, and so on.
Every step of the way, you need a responsible and effective team on your side.
If your finances are limited, then you may qualify for legal aid.
Your defense team needs to have a thorough understanding of the Criminal Code, family law, criminal law, statutory law, common law, dealings with criminal offenses, and the process of dealing with your charge from start to finish.
Depending on your case and your needs, we can go to court to fight to clear your name, and aggressively cross-examine witnesses, or accept a plea in order to get you back to your family. It all depends on you.
Contact the Bernstein Law Group
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Frequently Asked Questions
Domestic violence is a serious offence and is any use of physical or sexual force, actual or threatened, by your partner or ex-partner, relatives, same-sex partners, children and parents.
Being married does not make a person immune to crimes of stalking, harassing, pushing, threatening, and hitting another person. It also includes threats to harm children or other members of a family.
Domestic violence may be a one-time occurrence but often times is a pattern. Sometimes the events may be rather minor at first glance, but when considering the big picture, add up to make a pattern of abuse. A good defense lawyer may be able to... Read More
If you are convicted of a domestic assault there may be very serious repercussions. A criminal record may carry a number of negative consequences for the accused, and there may be a hefty jail sentence and additional conditions imposed while on bail or as part of a probation order.
The sentence that the accused may receive if convicted of domestic assault may be probation, to pay a fine, or go to jail. A lawyer will hopefully either be able to avoid a criminal record altogether or... Read More
If the allegations against an accused are false or misleading, which often times we find may be the case, the complainant’s motives behind having you charged are important and can impact the complainant’s credibility at trial. Sometimes we find complainant’s turn to criminal court to fare a better chance in their family court matters against the accused and this could seriously detriment the Crown’s case.
The defense(s) available to an allegation of domestic assault can be manifold and it depends entirely on the... Read More
Police will begin their investigation by interviewing the alleged victim or “complainant”, any other witnesses and the accused. After the preliminary investigation, if the police feel as though they have reasonable grounds to believe an offence occurred, the accused person will be arrested.
Depending on the injuries, the complainant may be taken to hospital. Sometimes, the complainant attends at the police station to make a formal statement. At this time, police will assess whether there are any safety concerns for the complainant and children if there is a family unit of some kind. Read More
The victim impact statement is filled out by any individual to whom has been subject to harm either by physical or emotional loss. Typically, the statement is completed by the individual, but may also be done by someone else on their behalf. This may mean that a relative or guardian could fill out the statement on their behalf.
The victim impact statement often plays a vital role in the case, sometimes at the very early stages. The victim, also generally referred to as the “complainant”... Read More