Domestic Violence Lawyers in Toronto

Domestic violence is a catch-all term that refers to any violent crime committed against someone with whom you share a domestic relationship.

A domestic relationship is a relationship between family members or romantic partners, and can include a spouse, child, parent, girlfriend, boyfriend, or step-family member. Because this type of relationship involves a level of trust, the courts take domestic violence charges very seriously. It is therefore important to determine whether the Crown has in fact designated your charges as involving domestic violence. In Toronto, the “Integrated Domestic Violence Court” hears family cases and domestic violence criminal charges heard before a single judge.

Some of the more common types of offences that occur in a domestic setting include the following:

• Assault
• Threats
• Assault with a Weapon
• Assault Causing Bodily Harm
• Aggravated Assault
• Choking
• Break and Enter
• Unlawfully in a Dwelling
• Unlawful Confinement
• Sexual Assault
• Criminal Harassment
• Extortion
• Various Breaches of Conditions

Investigation of Domestic Violence Charges in Toronto

An investigation of an allegation of domestic violence in Toronto is typically started by the alleged victim (or a relative/neighbour/witness). They contact the Toronto Police Service and report it. The police will request a written, audio or video statement from the complainant or any other witnesses and launch an investigation.

Police will typically interview all witnesses to the offence, review surveillance video, if any, seize any weapons involved, photograph the scene and/or injuries, and obtain medical documents to prove the type and extent of the alleged victim’s injuries.

However, the police may also simply arrest you right away. In fact, all they need to charge you with domestic violence is the complainant’s own testimony. No further physical proof is required.

There is no specialized police unit to deal with these types of charges, but The Toronto Police Service is well equipped to conduct these investigations. It is one of the largest municipal forces in North America, with 5,500 officers serving the Toronto area.

Once the police have gathered their evidence, they will track you down and arrest you, if you are the alleged perpetrator. The police will either question you at the scene or take you to a Police District Office for questioning and processing. The police will then decide whether or not to press domestic violence charges against you.

Even if a complainant makes an allegation of domestic violence that they later withdraw, it’s still up to the Crown Prosecutor to decide whether to pursue the charges against you. The complainant can be subpoenaed to appear in court in domestic violence cases, even against their wishes.

Bail Process and Conditions for Domestic Violence Charges in Toronto

How do I get myself or a loved one out on bail for domestic violence charges in Toronto?

Where charges arise out of a domestic situation, you may be kept in custody and require a formal bail hearing to secure your release.

In order to conduct a bail hearing, you will be taken to the Toronto Police Service Division that is responsible for the alleged crime. The bail hearing must be held within 24 hours. Note that the 24-hour period starts from the moment of arrest or detention rather than the time when you are brought to the Division.

The phone number for each division is 416-808-[Division Number – 00], so for example, the number for 52 Division is 416-808-5200. The addresses for each Division of the Toronto Police Service can be found here.

Penalties for Domestic Violence Charges in Toronto

The punishment for domestic violence can range significantly depending on the specific charge. A conviction for domestic assault, for example, can result in anything from a peace bond to 14 years in prison. Because the punishment for domestic violence depends heavily on the nature of the offence, circumstances of the offence, and the circumstances of the offender, to get a more concrete sense of your criminal liability you should talk to one of our Toronto criminal defence lawyers immediately.

While you do face a high likelihood of receiving a harsh penalty in the event of a conviction, being charged with this offence does not necessarily mean that you will receive a criminal record.

A large number of domestic violence charges are resolved outside of court through pre-trial resolution discussions between defence counsel and the Crown prosecutor. One of the most effective ways we resolve some of the more minor domestic violence charges  (like domestic assault) is by negotiating with the Crown for a Peace Bond.

If you are granted a peace bond, you will have to comply with some basic terms for the period of one year, such as no contact with the complainant, no weapons, and attend probation and court as directed. Once you sign the peace bond, the Crown will withdraw the charges against you and you will be able to completely avoid a criminal record. It is important to know that if you agree to a peace bond, you have not been found guilty of the offence.

If a peace bond is not appropriate in your circumstances, we can canvass a range of sentencing options with the Crown that will either leave you with no criminal record, or that will impose minimal restrictions on your liberty after sentencing. To learn more about potential resolutions please visit our Resolutions page, or read our FAQ on Resolutions and other sentencing options.

Defending Domestic Violence Charges in Toronto

What are the best defences to domestic violence charges in Toronto?

In most domestic violence cases, the only evidence to support the charge comes from the testimony of the other people involved in the incident. For this reason, it is critical that as soon as possible after the incident, you take some time and write a detailed description of what you remember happening. Police likely had the other witnesses write their version of events shortly after the incident in a witness statement, so you want to be at least as prepared as they are should the matter go to trial.

The vast majority of domestic violence incidents in the Greater Toronto Area are resolved without going to trial. The Crown prosecutor may decide the withdraw or stay the charge, the charge may be resolved with a Peace Bond, or you may decide it is in your best interest to plead guilty and seek a lesser penalty. With the assistance of a criminal defence lawyer, the penalty you receive may not include a criminal record – a ‘discharge’ means that you can be found guilty but not convicted. One of our skilled criminal defence lawyers can assist in determining whether a peace-bond is an attainable and desirable resolution in your case.

If the Crown is unwilling to provide us with a position that you find favourable, with your instruction we will take your matter to trial. At trial, we will use the experience and knowledge we have gained defending thousands of domestic violence charges to mount a full and effective defence to the allegations against you.

Because every case is different, the best defence to a domestic violence charge will depend heavily on the particular circumstances of the offence.

Typically, the best defences for a domestic violence charge are:

• Factual innocence: this is usually the strongest defence because the facts and the evidence do not support you being there, causing the domestic violence, or other basic elements of the case.
• Violation of constitutional rights: the Canadian Charter of Rights and Freedoms of 1982 sets out your rights before and after your arrest. If they were not followed to the letter by the police, it will aid your defence.
• Consent: the burden is on the Crown Prosecutor to prove beyond a reasonable doubt that the person who was allegedly assaulted did not consent to the application of force by the accused person. However, an important limit to this defence is the fact that there is no such thing as consent to bodily harm.
• Self-defence: reasonable force can be used to defend yourself against an unlawful assault, provided you did not intend to cause death or grievous bodily harm. No reasonable person would accuse you of domestic violence if your actions were taken to protect yourself and were not deemed to be disproportionate or “reckless”.
• Defending someone else: reasonable force or the threat of force can also be used to defend someone else against an unlawful attack, provided there was no intent to cause death or grievous bodily harm.
• Defending property: reasonable force or the threat of force can also be used to defend property, though this may be a weaker defence in many situations.
• Accident: an accidental assault should not lead to a criminal conviction if it was unforeseeable (which you have to prove).
• Provocation: If your actions were provoked by the other party, such as with taunts, jibes, or goading, it may assist your defence.

The burden of proof remains high for the prosecution. This means that there are many successful defence strategies that our experienced defence lawyers can take, including those outlined above.

Even if the charges proceed and you are found guilty, a good defence can greatly reduce the severity of the consequences (for instance, assault causing bodily harm may be reduced to a simple assault conviction).

Our lawyers will conduct a thorough examination of the police actions and the evidence against you, and call upon witnesses in your defence if required.

What’s Next?

As discussed, domestic violence cases are very complex and fact-specific.

We have tried our best to provide a general outline of what you can expect if you find yourself in this situation. But this is just the tip of the iceberg.

To learn more about how we can help, please contact Toronto domestic violence lawyers to conduct a thorough review of your situation so that we can tailor a precise strategy that targets your successful defence.