WHAT ARE THE PENALTIES AND SENTENCES IN DOMESTIC VIOLENCE CASES?
What Are The Potential Consequences Of Conviction?
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.
Bail Conditions Of Domestic Assault Cases
Bail conditions before a resolution has been reached or the completion of trial and sentencing can be imposed restricting the convicted individual from contact with their partner and their children. These terms are sometimes negotiated through the defense lawyer and Crown Attorney on the file, but the latter is often reluctant to lift non-contact orders of the accused and complainant.
Additional Consequences Of Domestic Assault Charged
The complainant in domestic assault cases is generally someone with whom the accused has had a serious relationship with and it is not uncommon for there to be a family unit with children. It can be devastating to the family as a whole and strict conditions may make matters all the more difficult.
Whether or not the complainant wishes to proceed with the charges will likely not change the Crown’s mind to drop the charges. The Court will impose a restriction preventing the complainant and the accused from having contact if the Court feels that there is a serious risk of a future domestic occurrence.
A Lawyer Will Know The Programs And Defenses Available
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 be able to avoid a jail sentence. If an accused meets specific criteria, they may be able to enter programs such as the Partner Assault Response program which may help with resolution and/or sentencing.
Additionally, a lawyer may be able to get you a discharge which means you technically have avoided a criminal record.
Domestic violence cases are one of the most common types of cases we handle at Bernstein Law Group. We are very familiar with the programs in place to mitigate the harm done by the charges, and work zealously with the teams of Crowns that are assigned specifically to prosecute these types of offenses. Contact our office at as early in the process as possible as it may help the results achieved.