647-228-5969
Home  |  FAQ  |  Terms  |  About  |  Learn  |  Contact    

Toronto Assault Charges Lawyer

“I called 911 and now my boyfriend/girlfriend has been arrested for domestic assault, mischief, or uttering threats.”

We often get calls from “victims” who have called 911 on their husband, wife, or significant other resulting in charges. A lot of these people had no idea of the consequences that would result from reporting their argument/dispute to the police. They didn’t know it would result in them not being able to have contact or communication with their partner anymore or that their partner would be facing criminal charges.

“I called 911 and the police charged my husband, wife, boyfriend or girlfriend. How do I drop the charges?”

Part of the confusion regarding domestic cases stems from the misunderstanding that it is the victim or complainant that “pressing the charges” which is not true. The victim is merely a witness to an alleged assault, threats, or mischief charge. The initial decision to charge is that of the police. The Crown Attorney will then take over the file and the choice to proceed with the case is solely their decision. This process normally takes place in the Ontario Court of Justice.

Crown Attorney’s follow strict domestic guidelines that force them to proceed with virtually all cases where there is a reasonable prospect of conviction (RPC).

While the victim may have recanted their story or now is saying they don’t remember what happened, this doesn’t mean there is no reasonable prospect of conviction. Often the police will video tape a statement from the victim under “oath like” conditions, known as a KGB statement, that can be used as evidence in court against the accused. Even if the victim did not give a statement to the police at the door or on video at the police station, the recording of the 911 call itself can also be used in court. If the victim says “he hit me” or “she grabbed me” to the 911 operator, this makes the case more difficult to get dropped.

This being said, even if there is a reasonable prospect of conviction, a case can still be dropped depending on the seriousness of the allegation and the opinion of the victim.

The history of domestic 911 calls are stored in the police computer system

In the police database, and often also the RCMP CPIC database, there is information about every domestic 911 call that resulted in police involvement. Even if the police do not charge anyone (which is somewhat rare in Ontario), they still store information in their computer system about who called 911 and what individuals were involved in the dispute. If there is a subsequent 911 call, the police will be able to see that previous calls were made involving the couple in the past which is considered an aggravating factor by the police, the Crown prosecutor, and the courts. This information can be linked back to the couple even if it was a third party, such as a neighbour, who called the police.

Domestic 911 calls: information is shared with US Customs and can come up at the border

Not only do previous 911 domestic calls cause problems for couples when a subsequent call is made, they also can come up and cause problems when crossing the US border. This is because the 911 call information is linked to the involved persons through their name and date of birth in the CPIC and local police database system. US Customs, and other police agencies, can retrieve this information by querying the individual in their computer system.

For more information on the negative effects and consequences of police information sharing, click here.


Call us today for a free assessment

If you have been encouraged to take a case to trial when the facts are relatively minor (no weapon used or significant injury) and the "victim" is on your side, call us today for a second opinion. Often these types of charges can be withdrawn and the release conditions varied to allow contact without a risky and unnecessary trial.

You don't need to be apart from your spouse and family, spend tens of thousands of dollars, and risk getting a criminal record because of an unfortunate domestic incident. We charge a flat fee of $5000 +hst for most cases that we are able to resolve without a trial.


   call us: 647-228-5969

   contact@torontoassaultlawyer.ca


    call us: 647-228-5969

    contact@torontoassaultlawyer.ca

Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel


* Please note:

If you are the alleged victim, and are looking to help your spouse/partner's case, please see our affidavit services page here.

If you are not a paying client, we cannot answer questions and provide assistance with US travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can take calls/emails relating to GTA area cases. Please see our FAQ for a listing of the courthouses we service.

Are you a lawyer? If you are defending a domestic assault/threats/mischief related case and are looking for expert advice regarding possible defences and case strategies, call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.


         

Prefer to reach us via email?
Fill out the below form:


Name (required):

Telephone:

Email (required):

City/Town:

Province:


Case Details (required):





        More Information:


  We provide:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprint and records destruction
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel
  We provide:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprint and records destruction
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel