At Montes Law, we understand the severity of a domestic assault charge.
As experienced and trustworthy legal professionals, we provide a full investigation into the nature of a domestic assault allegation and guarantee our clients compassionate and skillful legal representation.
A charge of domestic assault often impacts entire families, is an extremely stressful time, and involves complex interpersonal dynamics. Montes Law takes each clients’ individual circumstances into account while treating you with respect.
Through our commitment to open communication, we provide clients with the information necessary for them to make informed decisions through complex legal proceedings. You can feel confident knowing that you will have experienced and effective legal representation for any domestic assault charge brought against you.
Serving clients in the Toronto, Barrie, and Greater Toronto Area, if you have been charged with domestic assault, or have any questions relating to your legal rights and options in cases of domestic assault offences, please click here for your free consultation.
What is Domestic Assault?
Domestic Assault is categorized within the context of an intimate relationship and can include any assault-related offence in the Criminal Code of Canada.
The Criminal Code defines Assault in section 265(1) (https://laws-lois.justice.gc.ca/eng/acts/c-46/section-265.html)
- without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- 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
- while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
There is no specific “domestic assault” charge in the Criminal Code, for an assault to be considered a domestic assault, the relationship between the two parties must be categorized as intimate.
For the purpose of a domestic assault charge, the legal definition of a domestic relationship can be broad and can include a spouse; same-sex partners; a current or former domestic partner such as a boyfriend or girlfriend; common law; and children.
What happens when you are charged with domestic assault?
As domestic assault charges involve your closest relationships, you will likely be feeling overwhelmed, stressed and confused about your legal rights and options.
If you are in the Toronto, Barrie or Greater Toronto Area, and have been accused of or charged with domestic assault, it is important that you contact an experienced criminal lawyer immediately. Charges of domestic assault may also come with other charges, such as :
- Assault with a weapon
- Assault causing bodily harm
- Aggravated assault
- Uttering threats
- Criminal harassment
- Prohibited conduct
- Sexual assault
You will likely be experiencing emotional and psychological strain due to the circumstances leading up to the alleged assault, and the aftermath of a domestic assault charge. A domestic assault lawyer has the knowledge, experience, research skills and competence to assist you throughout the entire process of a domestic assault charge.
The first thing a domestic assault lawyer will do is discuss the specifics of your case and provide you with possible options pertaining to your unique circumstances.
With domestic assault charges, often bail conditions are set that preclude communication between the defendant and complainant, and may even prevent the defendant from having contact with the family home.
This can lead to increased stress, loss of work, as well as other negative consequences, which is why it is essential to retain the expertise of a domestic assault lawyer to help navigate these challenging circumstances.
Call our Toronto or Barrie office today to discuss your legal options.
Can Domestic Assault Charges Be Dropped?
As a domestic assault conviction can seriously impair your quality of life, a legal expert is essential to fight for your rights, create a strong defence, and present your case through skilled knowledge of legal proceedings. If you have been accused of domestic assault, it may be possible for your charges to be dropped, dismissed or acquitted.
Domestic assault allegations can sometimes be resolved through parties entering a Peace Bond, where domestic assault charges are withdrawn. There is no admission of guilt in a Peace Bond, but rather the defendant promises the Court to abide by certain conditions for a period of time, and commits to “keep the peace”. A Peace Bond is an excellent way to a resolution without obtaining a criminal record.
Montes law is experienced in all kinds of domestic assault charges and will provide a strong, intelligent defence to protect your freedom and reputation at all costs. The specifics of your case must be discussed with a domestic assault lawyer to explore all of your potential options.
If you are in Toronto, Barrie or the GTA and want to know whether a Peace Bond may be an option for your specific case, please contact us here.
Ontario Integrated Domestic Violence Court
Due to the serious nature of domestic assault, and the reality that it often involves other matters of family law, a specialized courtroom and services that deal specifically with domestic assault was created in Toronto.
The Integrated Domestic Violence Courtroom, located in Toronto Ontario, seeks to make the domestic assault judicial process more consistent, and holistic for the parties involved.
Montes Law serving Toronto, Barrie and the GTA, has experience with the intricacies of domestic assault legal proceedings and can provide you with more information on what you can expect if your domestic assault charge goes to trial.
To learn more about the Toronto, Ontario, Integrated Domestic Violence Court, please see: https://www.ontariocourts.ca/ocj/integrated-domestic-violence-court/overview/
What are the fees associated with a domestic assault charge?
The complexities of your case, the time required, and specific circumstances are all details that need to be considered when it comes to costs. Discussing your case with a skilled domestic assault lawyer is essential at the early stages of an accusation. At Montes Law, we provide our Toronto, Barrie and Greater Toronto Area clients with multiple payment options and believe professional legal representation should be accessible. We offer payment plans and accept Legal Aid Certificates: https://www.legalaid.on.ca/.
Martin Montes, B.A., J.D.
Martin has spent more than 10 years helping individuals navigate Ontario’s legal system. He has focused his legal career on obtaining results for his clients in trials and appeals at all levels of court in Ontario.
Martin obtained his Law degree from the University of Victoria in British Columbia (2008). Before attending law school, he received a Bachelor’s degree in Criminology and Sociology from the University of Toronto (2005).
Montes Law was founded in 2013. Prior to opening his own practice, Martin worked at a high profile Toronto criminal defence firm where he focused exclusively on courtroom trial advocacy. He began his legal career articling with a prominent Bay Street insurance defence litigation firm.
Martin is a member in good standing of the Law Society of Ontario. He is also a member of Legal Aid Ontario’s Criminal Law and Family Law panels.