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Toronto Assault Charges Lawyer

Minor domestic criminal charges can have a big impact on family law matters, including who occupies the matrimonial home and custody/access rights to the children.

Why do "victims" report minor incidents to the police that result in no injuries or harm?

Anger, revenge, and a false belief the police will mediate or resolve an argument are not the only reasons people report minor domestic assault, threats, and mischief incidents. Another motivation for such calls is to use the criminal justice system to gain an advantage in an ongoing or upcoming family law dispute since even a minor charge will force the other (accused) spouse to move out of the home.

Since there are often tremendous consequences for one or both parties when a relationship breaks down in Canada, couples sometimes continue to live together out of convenience, finances, and for the sake of their children. In family law (which of course we do not practise – only criminal) this is reflected in couples being deemed to live separate and apart despite living under the same roof.

Family law cases are often seemingly never ending and difficult and can drag on through the family law courts when neither spouse agrees to move out voluntarily. In these cases, there is a tremendous incentive to report even the most minor domestic incidents to the police because if charges are laid the accused spouse will be forced to move out immediately by a bail or undertaking release condition (and refrain from contact).

Police have nearly no discretion other than to charge in domestic cases

Due to zero tolerance domestic violence policies in Ontario, charges are virtually guaranteed to be laid from even incredibly minor allegations such as a push, a shove, a grab, an empty threat, the damaging of matrimonial property (mischief) or even simply threatening to cause such damage to property.

It is a sad reality that sometimes domestic calls and charges are merely an attempt to gain a tactical advantage in a family law case and force their ex-spouse or partner out of the house.

Mischief charges (s. 430): I never hit or threatened my spouse, how can I still be criminally charged?

All it takes is one 911 call to report that the other spouse damaged some property, and a domestic mischief charge will follow.

The property that she said was damaged was my own?

There are criminal cases in Ontario where judges have ruled matrimonial property can be used to support a mischief charge conviction. If the couple is married, since all property is considered matrimonial, damage to any property (or threats to damage) is enough for the police to charge. Often trivial objects like a remote control, cell phone, mirror, table, or other property is used to support the mischief charge (and have the spouse kicked out of the house). 

These cases are particularly frustrating for the accused because they often dispute the allegation and find themselves bound by the release conditions for 6 months to a year or more while they await a trial date. Another problem is that often the accused admits to the police they damaged the property at the doorstep (without knowing the consequences), which can support a conviction at trial. It is a criminal offence to damage matrimonial property.


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.


         

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  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