The offence of assault is widely defined and can capture all kinds of contact that occur in a domestic relationship. It includes any circumstance where a person, without the consent of the other person, applies force intentionally to that person, directly or indirectly. It also includes certain situations where no actual force is applied.
The Offence of Uttering Threats
If the police are called in the middle of a domestic dispute you may end up getting charged with the offence of uttering threats. Section. 261.4 of the Criminal Code makes it a crime to knowingly utter, convey or cause any person to receive a threat to cause death or bodily harm. In order to be convicted the prosecutor must prove beyond a reasonable doubt both that there was an utterance or conveyance of a threat and that you intended to threaten your spouse.
What is Criminal Harassment?
In Canada, there is no offence called "stalking." Instead, it is known as criminal harassment. Charges most frequently arise in cases where there has been a bad break up and one spouse continues to attempt to communicate with the other. Section Subsections 264 (1) and (2) of the Criminal Code state:
What is Forcible Confinement?
The offence of forcible confinement can sometimes arise in the context of domestic disputes. The principles relating to the offence of unlawful confinement can be summarized as follows:
What is Disclosure?
You have been charged with a domestic assault and your lawyer says "Let's make an appointment to review the disclosure". You are wondering what you are going to be reviewing. Disclosure is all the relevant evidence, on your case, that the Crown has in their possession. It will include a summary of the Crown's version of the incident, all the police notes and reports, witness statements, any video or audio evidence, expert reports, business records and any photos. The Crown must provide to your lawyer all evidence that will be used to prosecute you on the charges you are facing.
My spouse doesn't want to press charges for domestic assault
My spouse doesn't want to press charges so will they be dropped? When it comes to domestic violence related charges (assault, assault with a weapon, aggravated assault, criminal harassment, uttering threats, mischief, unlawfully being in a dwelling house) this is one of the most frequent questions we get. Most people expect that the answer will be a resounding yes. Unfortunately, it's not quite as clear as that. First, your spouse does not have the ultimate say in the matter; the Crown Attorney does. Second, the Attorney General treats domestic offences very seriously and a decision to drop charges will not be made lightly. That said, your spouse's wishes may still have some impact on how the proceedings unfold.
The Ghomeshi trial ends with a section 810 Peace Bond - What is a peace bond?
Last week Jian Ghomeshi entered a peace bond, at which point the Crown withdrew the remaining charge against him. This brings an end to the legal saga of Jian Ghomeshi's matters. A question that is being asked by a lot of people is what a peace bond is. They are not uncommon as a resolution in cases of assault, specifically in domestic assault situations.
Plea to Assault with a Weapon not Accepted in Domestic Violence Case
Christopher Hoare is charged with the attempt murder of his wife. He admits hitting her with a baseball bat but claims he did not try to kill her. He tried to enter a plea of guilt to assault with a weapon this week but the Crown refused to accept it. According to the Ottawa Citizen, that means the trial on attempted murder and aggravated assault charges is proceeding.
Man Charged with Domestic Assault waits 2 Years in Jail for Trial
Being charged with a crime, such as domestic assault, is often one of the most difficult and stressful events in a person's life. Most people never, or rarely, interact with the criminal justice system; when they find themselves charged with a criminal offence they are often left confused about what to do. The most important thing for someone facing a criminal charge is to be able to continue with their normal lives as much as possible while dealing with the charge.
