Domestic Assault Lawyers in Toronto
Get Legal Representation From Experienced Domestic Assault Lawyer in Toronto
Facing charges of domestic assault can profoundly affect your life, bringing with it significant emotional and legal challenges. From the moment these charges are laid, you are thrust into a complex legal system, bearing severe implications right up to trial.
At Pyzer Criminal Lawyers, our team of experienced criminal defence lawyers brings years of experience navigating these tumultuous waters. We have defended numerous clients across Ontario, providing strategic defence against aggressive prosecution. In the face of strict law enforcement and persistent prosecutorial practices, knowledgeable legal guidance is crucial to effectively managing and contesting domestic assault allegations.
If you or a loved one have been accused of domestic assault, we encourage you to secure our legal support early to best navigate the intricate proceedings of these serious charges.
What is Domestic Assault?
The Canadian Criminal Code does not have a specific offence for domestic violence. Most acts of domestic violence are captured under the provisions of various sections of the Criminal Code of Canada, including but not limited to assault (ss. 265–268) and/or sexual assault (ss. 271–273). When we talk about domestic assault charges or domestic assault, it refers to an assault charge in a domestic context.
Domestic assault involves abuse or threats within intimate or family relationships, including spouses, intimate partners, parents, and children. It can be physical, sexual, emotional, or economic, and charges can be laid even if no physical assault has occurred. The Canadian legal system treats these cases seriously due to victim vulnerability and the risk of ongoing violence.
The Role of a Criminal Lawyer in Domestic Assault Cases
An assault lawyer plays a crucial role in domestic assault cases by protecting your rights and ensuring a fair trial. They translate complex legal principles into strong defence strategies, advocate for fair bail conditions, and navigate legal nuances to ensure your case is effectively presented in court.
A criminal lawyer tailors a defence to your specific case, analyzing charges and circumstances to protect your freedom and reputation. Through strategic planning, they provide strong support and work toward a fair outcome while upholding justice.
Different Types of Domestic Assault Charges That We Defend Against
Domestic assault charges can be complex, but understanding them is crucial for building your defence. The specific nature of the allegations will determine the exact charge you're facing. Here's a breakdown of the most common types of domestic assault charges and how they differ in terms of severity:
Assault (s. 265)
This is the most common type of domestic assault charge. Examples include pushing, shoving, or grabbing someone.
Assault With a Weapon or Causing Bodily Harm (s. 267)
Assault causing bodily harm (ABH) is more serious than simple assault but less severe than aggravated assault, involving significant injuries like black eyes, lacerations, or broken bones, which elevate charges due to their long-term impact on the victim. Assault with a weapon is a grave offence under Canadian law, involving the use, attempt, or threat of a weapon in a domestic context. A weapon can be anything used to cause harm or intimidation, including knives, guns, belts, bottles, or furniture, making the legal definition broad and case-dependent.
Aggravated Assault (s. 268)
Aggravated assault is the most serious form of non-murder-related assault charge in Canada, including domestic assault cases. It involves severe bodily harm or life-threatening actions such as wounding, maiming, disfiguring, or endangering life. Strictly prosecuted, aggravated assault requires clear evidence of grave injuries like deep lacerations, fractures, serious burns, or head trauma that cause lasting physical or psychological impairment.
Defending Against Domestic Violence & Assault Charge in Toronto
If you have to defend against domestic assault charges in Toronto, you need more than just legal knowledge — you need action. You also need to understand your options. At Pyzer Criminal Lawyers, we put our years of experience to work for you. Our deep understanding of the law means we can quickly analyze your domestic violence case and build a custom-made defence to get you the best possible outcome against the criminal charge.
False Accusation
False domestic assault charges can occur when allegations do not align with the facts, and substantial evidence supports the accused’s innocence. Common scenarios include mistaken identity, verifiable alibis, or digital communication, such as texts or social media posts, that contradict the claims. Successfully defending against false accusations requires a thorough collection and presentation of evidence, highlighting inconsistencies in the accuser’s story or a lack of supporting proof in the criminal case. An experienced lawyer can identify these weaknesses, challenge the credibility of the false complaint, establish reasonable doubt, and build a strong defence to influence the case’s outcome.
Self-Defence, or Defence of a Family Member
Canadian law allows for self-defence or the defence of a family member in domestic assault cases when the accused acted to protect themselves or a relative, like a domestic partner, from imminent harm. This defence is particularly relevant when the alleged victim initiated violence or has a history of aggression. To be effective, it must be proven that the force used was necessary, reasonable, and proportionate to the threat, without exceeding what was required to prevent further harm.
Unintentional/Accidental Harm
A defence of unintentional harm applies in domestic assault cases where physical contact was accidental, not deliberate. In some cases, consent may be relevant if both parties voluntarily engaged in physical contact, but the court must determine whether the incident was truly accidental or intentional.
This defence argues that contact occurred without intent to harm, such as during a reflexive action, an accidental bump, or while preventing danger. To support this claim, clear evidence—like witness testimonies, video footage, or expert analysis—must show the incident was accidental and not intentional aggression.
Procedural or Investigative Errors
A defence strategy may focus on procedural or investigative errors in handling domestic assault allegations, such as law enforcement failing to follow protocols, exhibiting bias, or mishandling evidence. These errors can weaken the case against the accused. A thorough review of the investigation process, including evidence collection, preservation, and adherence to the accused’s rights, can reveal significant flaws. If such errors are proven, they may cast doubt on the validity of the prosecution’s case.
Peace Bonds in Domestic Assault Cases
In some domestic assault cases, a peace bond may be an option to resolve the matter without a criminal conviction. A peace bond is a court order requiring the accused to follow certain conditions—such as having no contact with the complainant, staying away from a specific location, or attending counselling—for up to 12 months.
If the accused agrees to a peace bond, the domestic assault charges are usually withdrawn, meaning no criminal record. This can be a favourable resolution, especially when there is weak evidence, a complainant unwilling to testify, or a low risk of reoffending. Our legal team at Pyzer Criminal Lawyers can negotiate a peace bond as part of your defence strategy, helping you avoid the long-term consequences of a conviction.
Your Legal Rights
If you are arrested and charged with assault, you have several rights enshrined in the Charter of Rights and Freedoms. If the police disobey any of those rights, you may be entitled to a stay of proceedings, which means the charges are no longer against you, the trial is over, and you won’t have the assault charges on your criminal record. The best thing you can do if you are arrested for assault is to remain silent and speak to one of our experienced domestic assault lawyers.Sentences for a Domestic Assault Charge
If you are facing domestic assault charges, the decisions you make now can have a lasting impact. The potential penalties, bail conditions, and long-term impact on your life depend heavily on the specific circumstances of the alleged assault and the strength of the evidence.
Sentences and Penalties
Sentences for a domestic assault charge vary based on the severity of the offence and the accused’s criminal history, ranging from absolute discharges (no jail time) to potential sentences for a domestic assault charge. Factors like the degree of injury and remorse influence sentencing.
Under Section 266 of the Criminal Code, domestic assault can be prosecuted as either a summary or an indictable offence. If the Crown proceeds summarily, penalties can include up to 18 months in jail and/or a fine. If the Crown proceeds by indictment, sentences increase:
- Up to 5 years imprisonment for simple assault
- Up to 10 years for assault causing bodily harm or assault with a weapon
- Up to 14 years for aggravated assault
Domestic assaults are treated more seriously than non-domestic cases, and the Crown often seeks harsher penalties. The best way to reduce or dismiss charges is by hiring an experienced domestic assault lawyer who can build a strong defence. Trust Pyzer Criminal Lawyers to fight for the best possible outcome in your case.
Consequences of a Conviction
If you are convicted of domestic assault or domestic abuse you will have a criminal record for the rest of your life (unless you successfully apply for a pardon, which is complex and takes many years). Having a criminal record can and will have devastating effects on you and your family. You can run into difficulties crossing the border into the U.S., finding employment, renting a house, volunteering, or pursuing a career in teaching, childcare, or medicine. If you are dealing with family matters in front of the court, such as child custody issues, the family court judge can consider your criminal record as evidence of bad character.
Bail Conditions for Domestic Assault Charges
When arrested for domestic assault, the legal process moves quickly, beginning with separation from your partner, custody, and a bail hearing within 24 hours. This stage is critical in determining your conditions while awaiting trial. At Pyzer Criminal Lawyers, our experienced bail hearing lawyers provide urgent legal assistance to help secure your release under the most favourable conditions.
During the bail hearing, the judge may impose conditions to protect all parties, such as no-contact orders, restrictions on returning home, or bans on weapons, alcohol, or drugs. The accused may also need to sign a recognizance agreeing to comply with these conditions. Additional requirements, such as anger management counselling or electronic monitoring, may be imposed. Failure to comply can lead to re-arrest and detention until trial.
Get Help From a Proven Toronto Domestic Assault Lawyer
The criminal justice system is complex, and if you are charged with a criminal offence, you could cause detrimental and irreversible findings of guilt. You do not need to deal with your domestic assault charges alone.
At Pyzer Criminal Lawyers, our domestic violence lawyers have the research skills and extensive experience defending allegations of domestic violence in all of the specialized courts and in all jurisdictions within Toronto and the Greater Toronto Area. We are dedicated to successfully defending litigants facing allegations of domestic assault. Call us today for a free case evaluation.
Get your defence started. Speak to an experienced domestic assault lawyer.
Domestic Assault Case Study
R v J.A.
J.A. was charged with domestic assault and assault causing bodily harm following an alleged altercation with his partner of eight months, whom he had known for seventeen years. According to the complainant, a verbal argument escalated when she attempted to leave, at which point J.A. allegedly grabbed, shook, pushed, and struck her before restraining her in a bear hug. Throughout the ordeal, J.A. maintained his innocence and denied the allegations.
J.A. maintained that the complainant had fabricated the assault allegations as an act of retaliation for the end of their relationship. Jonathan Pyzer successfully defended J.A. in the Ontario Court of Justice, leading to the dismissal of all charges. The defence leveraged delays in the case and presented multiple witnesses who contradicted the complainant’s statement to the police, ultimately proving her claims to be untruthful.
Domestic Assault Case Study
R v R.A.
R.A. was charged in the criminal court with domestic assault following an alleged altercation with his wife of nine years, with whom he shared three children. The complainant claimed that during a verbal argument over R.A.'s lack of attention, he followed her into their seven-year-old child's bedroom and continued arguing. It was alleged that R.A. then grabbed her by the arms, choked her, and pushed her against the wall as she attempted to leave. The complainant reportedly sustained visible bruising on her left bicep and the right side of her neck.
Jonathan Pyzer successfully defended R.A., leading to the withdrawal of all charges, despite a prior conviction for domestic assault. The defence negotiated a deal with the Crown, allowing R.A. to enter the PARS (Partner Assault Response Services) program and sign a Section 810 peace bond in exchange for the charges being dropped. Although the Crown was initially reluctant to withdraw the case due to R.A.'s prior record, the complainant’s injuries, and the presence of a child during the incident, Pyzer’s strategic advocacy ultimately convinced the Crown not to proceed, preventing a conviction that could have ended R.A.’s career.
Words from Client’s We’ve Defended
Get a Free Consultation
We offer a free case evaluation so that we can meet each other and determine how we can get the best outcome with your case. We will help explain your charges to you, explain the possible outcomes that may occur, and what your next steps should be. Call us today to see how we can help you.
Frequently Asked Questions
Relevant factors that the Crown Attorney’s Office may take into consideration when deciding whether or not to withdraw a charge include:
- Lack of prior police involvement;
- Repeat incidents of domestic violence, which is an unfavourable aggravating factor for the accused;
- No prior criminal record;
- Lack of injuries;
- The single incident alleged as opposed to multiple incidents;
- No involvement of a weapon;
- No children present in the home;
- No allegations of choking; and
- No allegations of isolating, stalking or controlling behaviour, amongst others, are unique to each fact scenario.