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Barrie Domestic Assault lawyer
In Canada, domestic violence is taken very seriously. Many police forces employ a “zero -tolerance policy "when addressing these types of allegations. The mere accusation of domestic violence can result in jail. If you are accused of domestic violence by your spouse, or an intimate partner the police often have a strict policy to charge and arrest the accused party. Once the police are called they will show up quickly at your home with the intention of making an arrest in order to prevent the domestic violence from escalating.
You do not have to push, strike, or injure someone to be arrested. The mere threat of doing so is sufficient. Once arrested, your case is out of the police’s control. The investigation can often rest upon a relatively limited foundation with no physical injuries or corroborating evidence. After your arrest, the case will then become the responsibility of the Crown prosecutor.
Once in custody, it is up to you to hire a lawyer to fight the charges in court. If you're accused of domestic violence and arrested, your first call should be to The Law Firm of Ted Yoannou, P.C. We are experienced and knowledgeable domestic violence lawyers who will fight on your behalf.
If you are arrested for domestic violence, you will often be held in custody until a bail hearing. This means that you could be in jail overnight, over the weekend or for several days. Once the bail hearing is conducted you will most likely not be able to return to your home to see your family, for a period of time. If the matter proceeds to trial this period of time could extend for periods up to one year.
Domestic assault complaints are taken extremely seriously; no one wants to see the complainant injured or killed. You will need the assistance of our team of criminal defence lawyers in order to minimize the amount of time you have to spend in jail awaiting a bail hearing, and also to negotiate the most lenient terms possible for a speedy return to your family or partner.
Even though we may feel that you have been inappropriately accused and arrested for the crime of domestic assault, it is critical to understand why domestic violence is taken so seriously. Accusations of domestic assault are dealt with in a timely and forceful manner for a number of reasons. The first reason is to protect victims of crimes which often go unreported. Women are the victims in 85% of domestic abuse cases. One in five cases of assault involves some form or another of domestic violence. Secondly, the police take domestic assault seriously in order to protect innocent children that may become victims. And finally, the police will quickly and forcefully deal with domestic violence complaints in order to prevent the situation from potentially escalating, which may result and certainly in some instances has resulted in serious injuries or death of a family member.
Domestic Assault Penalties
There are a number of factors that influence the severity of the penalties for anyone convicted of domestic assault.
1. The Seriousness of the Offence
If a person is convicted of domestic assault, the judge will look at the circumstances involved in the action that led to the arrest. If a person threatens a spouse with a weapon such as a gun, knife, the judge will often impose a more severe sentence on the offender than if the domestic assault was merely verbal. The actions of an accused person will dictate which sections of the criminal code apply. Domestic violence may attract a host of charges dependent on the conduct of the accused person. Any hitting, biting, kicking or other physical violence could also influence a judge to impose a harsher sentence.
2. A Previous Criminal Record
If a person has a previous criminal of any kind, a judge may look more harshly on the crime of domestic violence and impose a tougher sentence than for first time offenders. A criminal history involving violence towards other can be particularly aggravating.
3. Abuse of a Child
If a person is found guilty of abusing a child, Courts will often consider this aggravating as the offender would be in a position of trust in relation to that child.
When someone is convicted of domestic assault, the judge can impose a jail sentence, suspended sentence or a discharge. A person can be ordered to perform community service or may be placed under house arrest. In addition, a person may be fined or ordered to make financial restitution to the victim for costs that the victim incurred. An offender can also be required to get psychological counseling as a part of any probation order. Ancillary orders can also follow including; the provision of DNA and a weapon prohibition.
A person convicted of domestic assault will receive a criminal record which will affect many important aspects of their future life, from getting a job to traveling abroad. A person may have difficulty obtaining credit, buying a house with a mortgage, or financing a business. They could lose their job or be restricted from getting a professional license. Someone with a criminal record may also be prevented from traveling to and from the United States.
If you are arrested for domestic violence, you could lose your spouse, your children, your job or business, and your house. While we appreciate that no one wants to facilitate the abuse of spouses or children, we understand that Canadian domestic assault arrest policy tends to be extremely aggressive and a person accused needs to ensure their rights are protected. It is critical to hire a team of criminal defence lawyers who carefully analyze the facts of your specific case and develops a defence strategy based on those facts. At The Law Firm of Ted Yoannou, P.C., we will zealously represent you with civility and dignity. Our professionalism and expertise is second to none. The lawyers at Ted Yoannou will fight for you in court, not only to get you back to your family as soon as possible, but also to get the charges against you dismissed or at the very least, reduced.