The present lock down in Ontario, people staying home, and the cancellation of many activities is the primary reason that criminal charges in Ontario are down by over 60% in many jurisdictions. With people constantly in their homes there’s one type of criminal offence which has spiked upwards in activity in this recent period, Spousal assaults.
What do you do if, after a significant argument with your spouse or partner, you find the police at your door alleging you have assaulted your wife or partner or vice a versa? Most people think they can talk their way out of the investigation. Wrong. You must understand that even in our present health emergency, the police have no choice. They have No discretion with spousal assaults. They are required to charge you if they have reasonable and probable grounds that you have assaulted or threatened your spouse or partner.
When the police arrive at your door they will immediately detain you and separate you from your spouse. This initial period is where most criminal cases are won or lost. The police are looking to build a case against you. You have no idea what your spouse has said, what evidence the police have or what they know about you from their extensive computer files. If you had a domestic altercation 30 years ago where the police were called and no charges were laid, the police will have this information. The police are trying to look for inconsistencies in your explanation to them. These inconsistencies will be the focus of your attention not proving your innocence.
When the police arrive this is when you need to contact an experienced criminal lawyer. You may be completely innocent, but a few missteps at this time can make your defence far, far more difficult and maybe put you in a position where you are wrongfully convicted and obtain a criminal record which will severely restrict your ability to obtain a job or travel outside of Canada. A five minute phone call could put you in the drivers seat.
Rodney Sellar, CCS
Certified Criminal Specialist