What You Need to Know About Domestic Violence
Learn about the legal meaning of domestic violence and assault,
associated penalties, and the process after being charged.
Table of Contents
What is Domestic Violence?
Domestic violence includes physical, psychological, sexual, economic or other abuses of an intimate partner or child to gain power over them.
What is an Assault ?
Under section 265 (1) of the Criminal Code a person commits an assault when:
(b) he 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 on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
a)without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
What is the Punishment for Committing an Assault?
According to S. 266 of the Criminal Code everyone who commits an assault is liable for imprisonment for
a) a term not exceeding five years; or
b) an offence punishable on summary conviction.
What if the Victim Withdraws his/her Complaint?
Once charges have been laid, they cannot be withdrawn and must proceed before the court.
Facing an Assault Charge?
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What Steps Should I Take if I Have Been Charged with Assault?
We strongly advise you to retain a criminal lawyer who can negotiate a resolution with the Crown Attorney on your behalf. You may be required to complete a Partner Assault Response (PAR) Program before the Crown Attorney agrees to withdraw your charges.
How Long Does it Take for the Charges to Get Withdrawn?
It really depends on multiple factors – like where you are, how serious the assault charge is (simple assault versus aggravated assault), and what the circumstances are, for example it would assist if the victim drops the charges, if there is not enough evidence and if a deal is worked out.
Frequently Asked Questions
We understand that the process can be confusing and you may have many questions.
Below are some common FAQs that can help guide you.
The PAR Program is a counselling program designed to help participants stop their violent, abusive and contribing behaviours.
It is strongly advised to retain a criminal lawyer who can negotiate a resolution with the Crown Attorney on your behalf.
Yes. Factors such as whether it is a simple assault or aggravated assault influence how the case proceeds and the time required.
If there is insufficient evidence, it may assist in negotiating a withdrawal of charges with the Crown Attorney.
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