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Posts tagged "domestic offences"

An Argument with Your Partner May Result in a Number of Charges

Imagine you are driving to a dinner party with your wife. You are running late. You are both irritated with the other. You both believe the other is the cause for being late. You are bickering on the drive over. Your partner gets frustrated and picks up their cellphone and says s/he is going to call the host and cancel. You grab the cellphone to prevent her from doing so. She yells at you to give it back and starts punching you in the arm. You put your hand out to stop her from hitting you because you are driving. In anger you say that she'd better stop hitting you or she'll regret it. She gets even more upset and demands you pull over and let her out. You are concerned for her safety of dropping her on the side of the road at night and decided to find a parking lot to pull into some distance down the road to try and talk and calm things down.

CORONA VIRUS ERA IN SPOUSAL ASSAULT

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.

La défense du consentement implicite dans le contexte d'une relation conjugale

L'infraction de voies de fait est définie de manière large et peut englober toutes sortes de contacts ayant lieu dans une relation conjugale. Ceci inclut toute situation dans laquelle une personne, sans le consentement de l'autre personne, applique intentionnellement la force à cette personne, directement ou indirectement. Ceci inclut également certaines situations dans lesquelles aucune force réelle n'est appliquée.

I have been charged with assault, what next?

Assault charges can arise out of any number of circumstances, such as an argument with a domestic partner, a dispute with a neighbour, or a fight outside a bar.  The offence of assault is widely defined.  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.  An assault occurs when a person attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds, that he has, present ability to effect his purpose.

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:

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Posts tagged "domestic offences" | Ottawa Criminal Law Blog