(647) 224-7779 barrister@lbelaw.com

Domestic Assault Criminal Defence Lawyer, Toronto

In Canada, domestic assault is viewed in a grave light and preparing a defence case for it can have its own hurdles. The nature of the offence is considered an aggravating factor for those who are found guilty and can have severe consequences.

LBE Barrister is a law firm that specialize in defence cases pertaining to domestic and sexual offences in Toronto. Led by Lawrence Ben Eliezer, he is an experienced assault lawyer in downtown Toronto who can represent your next case.

We’ll provide an overview of the definition of domestic assault and how to approach the issue to get the best result possible for you.


Summary of Domestic Assault 

Domestic assault allegations are taken very seriously due to their growing prevalence in society. Not to mention the risk of the violence that escalates in such circumstances and the impact it has on children, if they are involved.

Domestic assault is classified as a domestic or intimate relationship.  This points to relationships such as boyfriends and girlfriends, husbands and wives or common-law partners, and any other familial connections.

Most think of physical violence when they think of domestic assault. In actuality, any aggressive behaviour like threats, criminal harassment, and stalking fall under the overall umbrella of domestic violence in Canada.  It also includes behaviour like sexual abuse, coercion, and financial abuse.


Domestic Assault and the Canadian Courts

Although domestic assault is not specifically defined in the Canadian Criminal Code, it is treated differently than regular assault charges in the judicial system. Such factors include how widespread it is and the devastating impact it has on children. Moreover, these issues can escalate to the point that it can hurt more individuals involved.

The prosecutor must prove the criminal charges beyond a reasonable doubt. This includes proving that the accuser was in a domestic relationship with the accused and that the latter directly or indirectly put force on the complainant without consent.

The prosecutor also has to take into consideration if the use of force was intentional, either through the use of words or actions or if threats were issued towards the complainant. This also applies if the person had the capacity to carry out the threat or if the complainant begged the accused to stop while they used a weapon.


Approaching The Right Defence 

It’s crucial that you present a strong defence in court by hiring a very qualified and experienced defence lawyer.

Some common defences used in domestic assault cases involve the issue of consent. The Crown prosecutor has to prove that the accused assaulted their partner without their consent.  However, if such actions were deemed consensual between the two parties, the judge may find that the Crown has not proved the essential element of consent.

Self-defence is another common defence.  However, due to recent changes set out in the Criminal Code, the accused can only use this defence when a number of criteria are met. Some of them include when force is being used against you or you have reasonable grounds to believe that was the case. Your response also has to be reasonable in the circumstances to the threat or was done in the purpose of defending or protecting yourself.


The Next Steps

Unsure of your next steps? If you’ve been charged with domestic assault, LBE Barrister can help you out in your difficult and challenging times.

We offer free face-to-face consultations and a thorough review of your situation, including background and bail details. If you would like more information, call us at 647-224-7779 or email barrister@lbelaw.com to set up your next appointment.