Domestic Assault Lawyers
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Taz Rahman
2 days ago
★★★★★ Mustafa and his team did an absolutely amazing job at withdrawing my criminal charges. They were responsive and attentive. Would highly recommend, I now have a clean criminal record thanks!
Helena Bouchard
7 days ago
★★★★★ The statement, too good to be true, does not apply to this amazing law firm. When I first called, Nicholas handled the call himself. He was extremely humble. From there Maurizio handled my dad’s case. Very professional, very humble and very responsive. I never had to chase him for answers. He got amazing results for my dad’s case- no charges, nothing! Cannot thank him enough!!! God bless the team!!!.
Robert Tremblay
1 week ago
★★★★★ I recently hired Nick to represent a close family member and might I say him and his team did a fantastic Job. From the first day to the last his firm kept me informed and looked after all my concerns and needs. His team kept nothing hidden from me on the process whether it was bad news or good news he was straight up and truthful, I was fully informed and educated all the way through. Unlike most legal support I’ve hired in the past, Nick and his team genuinely care for their clients, even after the case was dealt with he went above and beyond to do some further work to make things easier for my family member which I hired his firm for. Anyone who requires legal assistance, I highly advise you give Nick a call, you will see immediately once you talk to him why he and his team are the right choice to resolve your matter.
Marisol Almarazo
2 weeks ago
★★★★★ Highly recommend lawyer Nicholas Charitsis handling my claim with his law firm. Mr. Charitsis was very polite and professional. He took the time to explain to me page by page about the documents he was reviewing for me. Excellent customer service was provided to me and I received timely responses to all of my phone calls, emails and texts. Going through any type of legal process can be stressful but Mr Charitsis took over the process and I was reassured everything would be resolved, and it was swiftly and professionally.
John Stocco
2 months ago
★★★★★ I was charged with Care and Control of a Motor Vehicle over 80mg. From the moment I contacted Vadim Paskarou at Charitsis Sheikh, I was put as ease. Vadim was simply outstanding to watch when cross examining the officer who charged me. In the end, I was acquitted thanks to the expertise of these lawyers. If you have been charged with a criminal offence then I would highly recommend!
Guy Tremblay
2 weeks ago
★★★★★ Nicholas solved my domestic assault case exactly as he promised. My 5 criminal charges were dropped after trial. Nicholas even went as far as destroying my fingerprints and police record of arrest after my case was completed. I can honestly say that his services are worth the premium fees that you pay for him. My lawyer was amazing at trial. He exposed the lies of the police and my ex wife that made up a story to get me charged. The Crown Attorney didn’t even finish the trial and asked the judge to withdraw the charges after Nicholas did his cross examination of my accuser. Name Withheld
Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.
More Google Reviews >Ottawa Domestic Assault Lawyers
Domestic assault charges in Ottawa. About, Defences & Legal Representation
Domestic assault charges are serious. When it comes to protecting your future the stakes are high.
A conviction for domestic violence not only brands you with a criminal record, but also opens you up to a wide range of penalties.
We can help. At the Ottawa law offices of Charitsis-Sheikh, we have a team of skilled and experienced domestic assault lawyers who are dedicated to fighting for your rights.
We understand the gravity of the situation and are here to offer you support, guidance and legal representation.
What is Domestic Assault?
Domestic assault refers to violence or threatening behaviour between individuals who have a relationship with each other.
Domestic relationships can include dating, marriage, common law, or family ties.
Domestic assault allegations can be daunting. Domestic assault refers to an alleged misconduct that occurs within intimate relationships. Such relationships can be between individuals who are current or former spouses, common-law partners, dating partners, or even between parents (or legal guardians) and children.
The nature of these accusations might span from physical to psychological, or even financial misconduct. If you’re in a situation where you’re being accused, securing the expertise of domestic assault lawyers is a crucial step.
In the context of Canadian law, there’s no specific charge titled “domestic assault” in the Criminal Code. Rather, actions that are perceived as family violence are categorized under different provisions of the Code.
This means an individual won’t necessarily face a charge labeled “domestic assault”, but they could be accused under related legal terminologies, as elaborated in the following sections.
Forms of Domestic Assault
Domestic assault can include a wide range of behaviors affecting the well-being of the individuals involved. Even if no physical contact is made, police officers must make an arrest if the victim perceives a genuine threat of violence.
Verbal Abuse or Threats: Not limited to merely shouting or yelling, this category delves into the use of derogatory language, demeaning words, or making alarming statements that serve the primary purpose of intimidating or mentally tormenting the victim. Such behavior can erode the victim’s self-worth over time.
Physical Assault & Violence: More overt in nature, this form of assault is not just limited to striking or battering. It covers any act where force is used against the victim, from slapping, hitting, and pushing, to even more severe acts that might leave lasting physical scars or injuries.
Gestures or Actions Implying Harm: Beyond just the act of physical violence, this encompasses the realm of non-verbal threats. It includes menacing gestures, facial expressions, or any form of body language that hints at a potential intent to inflict harm, even if not followed through.
Threatening Language or Behavior: This type of assault delves into a broader spectrum where an individual may not only use explicitly threatening language but also adopt a demeanor or exhibit patterns of behavior that ooze aggression. Such actions can seed an atmosphere of perpetual fear and unease, compelling the victim to constantly be on their guard.
Implications Beyond Physical Contact: A notable aspect of domestic assault is that physical contact is not a sole determinant of an assault charge. If a victim genuinely perceives and believes there is a looming threat of violence based on the perpetrator’s actions or words, police officers possess the authority to intervene and make an arrest, reinforcing the seriousness of such behaviors.
If you’re accused, immediately reaching out to a domestic assault lawyer can provide you with advice and clarification on how best to proceed. Call today and speak with one of our domestic assault lawyers without cost or obligation.
The concept of “domestic assault” in Canadian law does not refer to specific charges.
It characterizes an assault where the victim or complainant is recognized as the accused’s “intimate partner and or there is a family relationship.”
Penalties for Domestic Assault
The penalties for domestic assault include:
Criminal Records:
- Convictions for domestic assault include criminal record.
- Criminal records can affect employment, housing, and travel.
- Criminal records last for life.
Jail:
- Persons convicted of domestic assault may be sentenced to jail.
- The amount or length of time in custody would be based upon the severity of the incident and the offenders background and criminal history.
Restraining Orders:
- Restraining orders prohibit the offender from contacting the accused.
- Returning to the home.
- Custody & access to children.
Counselling or Treatment:
- A judge may order the offender to attend counselling, such as anger management or substance abuse programs treatment that the court feels appropriate.
Surrendering Firearms:
- Persons convicted of domestic assault are prohibited from owning or possessing any type of firearm.
Probation Orders:
- A judge may order probation.
- Probations orders can include: counselling, therapy and other conditions
Domestic Assault Lawyer's Advice
Domestic assault in Ontario can be a complex and emotionally challenging experience.
As domestic assault lawyers we offer these first steps of legal advice to all persons facing domestic violence charges.
- Avoid Contacting the Alleged Victim After a Domestic Assault Charge: After being charged with domestic assault, it’s paramount to refrain from contacting the victim or any potential witnesses. This can prevent complicating matters further, as your interactions may be interpreted negatively and used against you in court.
- Comply with Bail Conditions in Domestic Assault Cases: When faced with domestic assault charges and released on bail, it’s crucial to adhere to all court-imposed conditions. This might include directives specific to domestic assault cases, such as no contact with the victim or complaint or spouse, mandatory counseling or restrictions from visiting certain locations e.g. the home. Non-compliance can be detrimental to your case and could result in further legal consequences.
- Uphold Good Behavior Post-Domestic Assault Charge: After being charged with domestic assault, it’s even more critical to maintain exemplary behavior. Staying out of any legal trouble and strictly adhering to all laws ensures that no new charges negatively impact or overshadow your current domestic assault case. The behaviour of the accused after being charged with domestic assault will be considered relevant to any subsequent resolution.
- Counseling or Treatment After a Domestic Assault Charge: Where your domestic assault lawyer advises, consider engaging in counseling or therapeutic treatment programs relevant to your the issues that may have contributed to the domestic assault. Not only can this demonstrate a genuine commitment to addressing and rectifying underlying issues, but it can positively influence court perceptions and outcomes.
- Work with Your Domestic Assault Lawyer: Our domestic assault lawyers are here to help you to navigate through the intricacies of a domestic assault charge. Clear and consistent communication with your domestic assault lawyer is key. Ensure you provide them with all necessary information promptly and heed their advice diligently. A cooperative client-lawyer relationship can significantly bolster the strength of your defence against domestic assault allegations.
Domestic assault charges differ from other crimes due to the relationship between the victim and the accused.Often, the accused has no prior legal issues. In some cases, both parties may wish to reconcile.
With the expertise of an experienced domestic assault lawyer, one can navigate the legal system more effectively. While our list gives guidance, every case is unique.
Defending Domestic Assault Charges
When facing domestic assault charges, we want our clients to understand how the court system operates, particularly when it comes to the role of the crown attorney. Here are some critical points to consider:
The Role of the Crown Attorney: Unlike some assumptions, the crown attorney does not allow the victim to unilaterally drop the charges. Their role is to represent the public interest and not just individual sentiments.
Dismissal of Charges: It’s also important to note that the crown attorney has the discretion in how to proceed but will not lightly dismiss such charges based purely on a change of heart from the victim or perceived reconciliation.
Perception of the Situation: The court doesn’t merely view domestic assault allegations as misunderstandings or minor disputes. Such matters are treated with the gravity they deserve, ensuring that justice is both done and seen to be done.
Priority of the Victim’s Well-being: Central to the court’s approach to domestic matters is the well-being and safety of the victim. Both the judge and the crown attorney are committed to ensuring that the victim’s rights and safety are upheld, which means these matters are dealt with the seriousness and diligence they warrant.
If you’re facing domestic assault allegations in Ottawa, it’s important to understand the details of the charges. Knowing this helps you understand what the court wants and lets you work better with your lawyer.
Domestic Assault - Police Response
Where the police respond to a domestic assault call, they must conduct an investigation and learn what happened and why they were called.
If the police find reasonable grounds to believe a “domestic assault” has occurred, they are obligated to arrest the accused, remove them from the residence, and take them into custody.
Once the accused is arrested:
- The victim cannot withdraw the complaint. The victim now serves as a witness to the assault, while the police press charges against the accused, not the victim.
- The victim doesn’t have control over the arrest. Since the police initiate the charges, the victim or witness cannot influence the decision to arrest.
- The accused is remove from the situation. The accused will be removed from the home or otherwise, taken to the police station where they will be processed and held in custody until a bail hearing can be held.
In domestic incidents involving police intervention, victims cannot request the withdrawal of charges by either the police or the crown attorney’s office.
Police Lay the Charges - Not the Victim
Many people feel that in a domestic assault the victim is charging the accused, but that’s not true.
The police attend a location where they have been called to attend. Upon arriving the police have a legal obligation to:
- Ensure the safety of all involved parties;
- Conduct a thorough investigation.
Where the police believe on reasonable grounds that a domestic assault has occurred, the police are obligated to make an arrest that person and remove them from the premises.
The police are the ones laying the charge, not the victim.
Even if the victim or spouse feels that the situation has been resolved by the time the police arrive, the police are obligated to arrest.
Charged with Domestic Assault
If you’ve been charged with domestic assault, here’s what you can expect:
Fingerprinting and Photographing:
- The police will take fingerprints and photograph the accused
Custody:
- The accused is held in custody until a bail hearing can be held, usually within 24 hours.
Bail Hearing:
- A bail hearing is a court session with a justice of the peace.
- The purpose of the hearing is to:
- Verify your identity
- Gather all necessary evidence
- Ensure you will appear in court for trial
- Ensure the accused does not repeat the offence
The judge’s main priority during the bail hearing is to make sure the accused does not repeat the offence and will appear in court.
Crown Attorneys & Domestic Assault
Domestic violence is a major concern for Crown Attorney offices throughout Ontario.
In response the Crown Attorneys office takes a firm stance while putting strict measures in place.
The Ottawa Crown Attorney’s office has a “Zero Tolerance” policy for domestic violence.
This means that even when there isn’t enough evidence to secure a conviction, the police and prosecutors will still take action to prevent further abuse and escalating violence.
Some of the measures that have been put in place include:
- Arrests in most cases where there is credible evidence of a crime. Even if the victim is not willing to press charges, the police will still make an arrest to protect them and prevent further violence.
- The ability to charge someone based solely on one person’s testimony. Even without physical evidence, a person can still be charged with domestic violence if there is credible testimony from the victim or other witnesses.
- Increased focus on protecting the victim.
- Collaboration with other organizations and agencies working to address domestic violence.
Every Crown Attorney’s office in Ontario takes the issue of domestic violence very seriously and are committed to taking a strict approach to ensure the safety of victims and prevent further abuse.
Domestic Assault Bail Conditions
Where an accused is arrested for domestic assault, they will be taken to the police station. At the police station they will be interviewed and processed for the charge(s)When an accused in a domestic assault case is released from custody, they may be subject to certain conditions set by the court.
The conditions may include:
- No contact with the victim
- No residency at the same address as the victim
- Prohibition on the consumption of alcohol or drugs
- Any additional restrictions imposed by the court
To ensure compliance with these conditions, the accused must agree to a recognizance, which is a promise to adhere to the court-imposed restrictions. Failure to abide by the conditions could result in re-arrest and detention until the trial date.
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Assessments & Counseling
The Crown Attorney, who is assigned to an Ottawa domestic assault charge, may not have a lot of information about the accused. As a result, many times they believe that the accused presents a risk of harm to the complainant.
To address this concern, we may suggest that where you are charged with a domestic assault that you consider undergoing an assessment and counseling program. This would be with a registered psychotherapist who has experience working with the criminal courts on domestic assault charges.
Benefits of Assessment & Counseling:
- Improving Mental Health
- Addressing drug or alcohol dependency
- Gaining insight into the allegations
- Learning tools for conflict resolution
At the end of the program, the psychotherapist will provide a report to the Crown Attorney. This report may:
- Confirm that the charges can be withdrawn
- Change the bail conditions to allow for contact with the victim
- Remove restrictions, such as not being allowed to attend the residence
- Enable resuming a relationship with the complainant
In summary, participating in an assessment and counseling program with a registered psychotherapist can provide the accused with a better understanding of the charges against them and provide valuable context to the Crown Attorney, ultimately leading to more favorable outcomes in domestic assault cases.
Domestic Assault FAQs
What is considered domestic assault?
In Ottawa and throughout Canada Domestic assault refers to any form of physical, emotional, verbal, or sexual abuse that occurs within a domestic relationship, such as between spouses, intimate partners, family members, or cohabitants.
It involves an act of violence or threat that causes fear or harm to the victim within the confines of a home or domestic setting.
Can the victim drop domestic assault charges in Ottawa?
While the victim may express or want to drop the charges, the victim is not the person charging the accused, the police are. The victim cannot drop charges, it is ultimately the decision of the Crown prosecutor to proceed or withdraw the case.
In many instances, the prosecutor may continue with the charges to protect the victim’s safety and well-being, as domestic assault cases involve complex family dynamics and potential intimidation that could influence the victim’s decision.
In a domestic assault situation the Crown Attorney’s concerns are the safety of the victim.
How can Ottawa Domestic Assault Lawyers help me in my case?
Ottawa Domestic Assault Lawyers have extensive experience in handling domestic assault cases. They can provide you with expert legal representation, protect your rights, and build a strong defense strategy tailored to your specific circumstances. They will work to reduce charges or seek alternative resolutions, ensuring the best possible outcome for your case.
Can I defend myself against domestic assault charges in Ottawa?
Yes, you have the right to defend yourself against domestic assault charges at the Ottawa courts, but it’s not recommended. A conviction and criminal record for domestic assault can have long term effects on your life.
Our experienced Ottawa Domestic Assault Lawyers can assess the circumstances of your case and build a strong defence. Many times there can be resolutions that a criminal lawyer can address that may avoid the conviction and record for life.
What are the consequences of being charged with domestic assault in Ottawa?
Being charged with domestic assault in Ottawa can lead to severe legal consequences. Persons convicted of Domestic Assault receive a criminal record for life that can affect employment, travel and immigration. Upon conviction you may face imprisonment, fines, probation, and mandatory counseling or anger management programs.
Additionally, a judge can apply a restraining order, which limits your contact with the victim, affecting your personal and professional life.
Are there any alternatives to going to trial for domestic assault cases in Ottawa?
Yes, in Ottawa, domestic assault cases may be resolved through alternative means, such as mediation or diversion programs. Mediation allows both parties to work out their differences with the help of a neutral mediator. Diversion programs offer counseling or education, aiming to address underlying issues and prevent future incidents without going to trial.
How will does the Domestic Assault affect my immigration, if I am charged with domestic assault in Ottawa as a non-citizen?
Yes, non-citizens charged with domestic assault in Ottawa may face immigration consequences, even if they hold a temporary visa or permanent residency.
Conviction for domestic assault can result in deportation, denial of immigration benefits, or difficulties in obtaining future visas. Non-citizens facing domestic assault charges in Ottawa should speak to a lawyer to understand and protect their immigration status.
If you or a loved one is dealing with domestic assault charges in Ottawa, don’t hesitate to seek the expertise of our skilled Ottawa Domestic Assault Lawyers. Our dedicated team is committed to securing your rights and providing you with the strongest defense possible. Contact us now for a confidential consultation
