Adam Goodman - Toronto Domestic Assault Lawyer - Frequently Asked Questions - Domestic Charges
Many criminal offences are classified as being domestic, which involve criminal allegations where the accused and complainant are involved, or have been involved, in a relationship. This FAQ answers questions about domestic charges.
What does it mean to be charged with a "domestic"?
This means that a criminal charge was as a result of an altercation between those involved in some form of a relationship. This can involve a marriage, common-law relationship, and those involved romantically. The parties do not necessarily have to be in the relationship at the time of the allegation; they can be estranged.
What are examples of domestic charges?
The most common charge laid in a domestic context is non-sexual assault, which involves one party using force against the other. It is also common to see charges such as uttering threats, criminal harrassment, and sexual assault.
What is unique about a domestic charge?
The Criminal Code of Canada does not distinguish between domestic and non-domestic charges. Our society, however, has determined that offences committed within the context of a relationship are aggravating in nature and need to be treated severely.
Why are domestic charges in a special court?
In various Toronto courthouses, domestic charges are prosecuted by a special team of Crown Attorneys. In order to simplify the administrative nature of dealing with such charges, certain courthouses (particularly Old City Hall and College Park) set-up special courts to deal with matters of a domestic nature. These courts are just administrative.
I was angry and called the police but didn't want my partner arrested and charged, why was he/she taken into custody?
When a complaint is made to police about a domestic incident, they will almost always arrest the person who the complaint was made about and hold them in custody for a bail hearing. The reason for this is for the protection of the alleged victim and to ensure that a court puts conditions on the person charged (if they are released on bail) as the matter goes through the court system.
I want to drop the charges. How do I do that?
It doesn't work that way. The prosecution of a case is the responsibility of the Crown and it is only the Crown who can decide to "drop" a case. In many cases the Crown will still prosecute a case even if they believe the complainant does not wish the charges to go any further.
The court is not allowing my partner to have communication with me? Why is that and what can I do about it?
In the vast majority of domestic cases, a condition of release is that the person charged have no communication, either directly or indirectly, with the complainant. The reason for this is for both protection of the complainant and to ensure that a potential Crown witness is not convinced to change their evidence. The only way to lift this condition is through either a bail variation (which involves the consent of the Crown) or a bail review (which is a formal application made in Superior Court). While a lawyer can try to have this condition lifted, it is often extremely difficult to convince a Crown or Judge to lift the condition.
Should I plead guilty?
The decision on whether or not to enter a guilty plea is one that should be made in consultation with a lawyer. While a guilty plea can put an end to a stressful period, there are often long-term consequences that need to be considered. At trial, it is the responsibility of the Crown to prove the case against a charged individual. Pleading guilty involves giving up the right to a trial.
In order to plead guilty, one must also be willing to admit to the facts that make up the criminal offence. If an accused person is unwilling to do that, a lawyer cannot assist with a guilty plea.
What is PARS?
The Partner Assault Response Services (PARS), which may go by different names, such as direct accountability, generally a 16-week program that works with accused parties on issues such as anger management and what led them to commit a criminal act. In most cases, one must plead guilty before entering PARS. Once the plea is entered, the presiding Judge will often agree to vary one's bail to allow them contact with the alleged victim. If the accused person completes the program successfully then they will often be sentenced to some form of discharge.
While PARS may seem like a good option and allow an accused person to move on with their life, the decision to enter PARS should not be made lightly. See my blog post here on Considerations Before Agreeing to PARS.
How can I get a Peace Bond?
A peace bond involves an agreement by an accused individual to keep the peace and be of good behaviour as well as abide by certain conditions, usually for a period of 12 months. In domestic situations, one who enters a peace bond generally agrees to a condition to stay away from the complainant unless they have received written and orally revocable consent. There are two types of peace bonds, a s. 810 peace bond (found in s. 810 of the Criminal Code), and a common law peace bond. Generally, once one enters into a peace bond, the criminal charges are withdrawn.
Only a Crown Attorney can agree to withdraw criminal charges in exchange for one entering into a peace bond.
What is written and orally revocable consent?
This means that in order to have contact with an individual, they must provide written consent for this contact. In many cases, the consent must be filed with the police. The consent can be revoked at any time, orally. This means that the revocation does not need to be in writing and need only be communicated orally to the person subject to the condition.
Having the assistance of an experienced Toronto Criminal Lawyer on your side will help you better navigate through the court system. Contact Toronto Criminal Lawyer today at 416-477-6793.
