Domestic Violence And Spousal Assault Charges In Hamilton And Surrounding Areas
A wide range of circumstances can lead to a domestic assault charge. They can happen during the middle of 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
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. 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 counselling. The family may be disrupted by No Contact orders. 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 counselling: Sometimes a solution may involve going to anger management therapy, or getting counselling. We will help you connect to possible therapists, especially if therapy can help us deal with the charges against you.
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.
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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