Domestic offences refer to a number of charges that arise from allegations of violence or a threat of violence. Domestic offences we often assist our clients in defending include:
Charges can range from Criminal Harassment to Home Invasions. Any allegation of unwanted physical contact or threatening violent harm could be reasonable grounds for an arrest.
Assault and domestic offence allegations can come with severe consequences, including incarceration if you are found guilty. Even if you are innocent, the justice system may not give you an easy pass. Navigating an accusation or a formal charge of a violent or domestic offence is a tricky process that relies heavily on the victim’s testimony.
Our defence team will ensure your rights are protected and that you are given the opportunity to tell your story. We will build the toughest defence for your case to ensure that you are treated fairly and not wrongly convicted.
Your charges may be categorized as domestic if you have a close relationship with the person who complained to the police. This could be your wife, husband, boyfriend, girlfriend or anyone related to you. Domestic charges could result in higher sentences and have an impact on the relationship with that person and any children you have together.
Roulston Urquhart Criminal Defence Firm always looks at options which result in no criminal record. These may include having charges withdrawn, Peace Bond, Absolute or Conditional Discharge, or preparing a vigorous defence at trial.
See “Cases” on the Roulston Urquhart Criminal Defence Firm website to see how we have successfully resolved similar cases without a criminal record.
There are many defences available for someone charged with a domestic assault.
The charges against you are based on allegations made by the Complainant. The Complainant is your girlfriend, wife, husband, boyfriend or someone related to you that you have a relationship with.
These are only allegations; that doesn’t mean that they are true. The prosecution of domestic allegations usually relies upon the Complainant’s testimony. Often, these complainants have hidden motives, such as civil lawsuits, child custody matters, or divorce.
The lawyers at Roulston Urquhart Criminal Defence Firm will analyze what the Complainant alleges happened and expose the truth through vigorous cross examination. We will also ensure you have the opportunity to tell your side of the story.
The Complainant can call the Crown’s office, Victim Services or the police and tell them that she wants the charges dropped. This doesn’t mean the charge will automatically be dropped because it is the police that lay the charge based on the statement of the Complainant or witnesses. If you tell the Complainant to drop the charges, you can be charged with obstruction of justice. We strongly advise against you doing so.
Your wife or girlfriend wanting the charges dropped or not wanting to proceed could result in the Crown prosecutor having some problems proceeding with the charge. But just because the Complainant changes her mind and doesn’t want you to be charged it doesn’t necessarily mean the Crown will just withdraw the charges. Sometimes, the Crown will prosecute the assault even if the Complainant wants the charges dropped or recants their allegations. This is because even when a Complainant changes their mind about pressing charges, the Crown can still subpoena the witness to come to the trial date. This means they may be required to testify at your trial, even if they don’t want to. The Complainant will also be required by law to answer the Crown and the Court’s questions truthfully, or else they can be criminally charged with perjury.
Sometimes, the Complainant is no longer available or refuses to show up for trial. In some cases, the Crown could pursue a conviction even without the Complainant’s testimony in court by using the statement(s) that they previously gave to police or other witnesses. In other cases, if the Complainant refuses to attend, the Crown may issue a warrant for the Complainant if he/she has been subpoenaed. In other circumstances, the Crown may be unable to prosecute your case. This will depend on the various circumstances.
If the Complainant changes their story, they can also be charged with public mischief.
Our lawyers deal with these situations all the time and as you can tell there different scenarios to consider. We can discuss what steps need to be taken to ensure that you’re protected.
Often, the person who calls the police first is the person who the police side with. Sometimes, the accused/client is being charged even though they are the one who is being hit and has been hit in the past by the supposed victim.
Here are some steps you can take:
We can assist you in filing a complaint against the Complainant, which may result in a private prosecution against that person.
It is crucial that you consult the lawyers at Roulston Urquhart Criminal Defence Firm before you speak with the police if you’ve been charged. We will walk you through how to deal with this situation and use it to the best of your advantage in defending these charges.
In most cases, after you are released by police, you will be under conditions that will ban you from contacting your wife or girlfriend (the Complainant), even if you live in the same home. It is important to remember that you are the one who is under these conditions of the Court, not the Complainant. Even if she contacts you and you reply, you would be breaching your conditions of release and could get a criminal record – or worse, you could end up in jail.
So, what do you do?
Roulston Urquhart Criminal Defence Firm has extensive experience with Crown negotiation and can help you have your no-contact condition changed.
Contact the lawyers at Roulston Urquhart Criminal Defence Firm. They can negotiate or make an application on your behalf to have the no-go condition deleted or amended so that you can go back home.
Your release conditions should include an exception to facilitate contact with your children. If they don’t, we can:
The lawyers at Roulston Urquhart Criminal Defence Firm believe that just because you are in a conflict with the mother/father of your children, it doesn’t mean you shouldn’t get to see your kids.
The simple answer is ‘maybe’. The lawyers at Roulston Urquhart Criminal Defence Firm have been very successful in negotiating these charges without a criminal record in the following ways:
The legal consequences depend on a number of factors, including your criminal history, the nature and extent of the charges and your personal circumstances.
The potential outcomes of a domestic assault charge are:
The lawyers at Roulston Urquhart Criminal Defence Firm make best efforts to ensure our clients come out of this situation without a criminal record. We do whatever we can to minimize any damage that could harm your future, travel, employment, custody or immigration status. We will strategize with you to ensure the best outcome.
Domestic Assault – Result: Peace Bond
The client was charged with domestic assault. Tonii Roulston negotiated with the Crown Prosecutor and secured a peace bond for her client. The client avoided a lengthy jail sentence and does not have a criminal record.
Domestic Assault – Result: Peace Bond
The client was charged with a violent domestic assault. Tonii Roulston successfully argued numerous applications to protect the client’s right to a fair trial. Tonii Roulston then commenced negotiations with the Crown Prosecutor. Tonii Roulston secured a peace bond for her client. The client avoided a lengthy jail sentence and does not have a criminal record.
Domestic Assault – Result: Charges Withdrawn & No Criminal Record
The client was charged with two counts of domestic assault. Tonii Roulston reviewed the file and entered negotiations with the Crown Prosecutor. The charges were withdrawn with completion of counselling. The client had no convictions and no criminal record.
Domestic Assault – Result: Charge Withdrawn & No Criminal Record
The client was charged with domestic assault. Tonii Roulston reviewed the file and set the matter for trial, arguing that the client had acted in self defence. Tonii Roulston entered into negotiations with the Crown Prosecutor and the charge was withdrawn. The client had no convictions and no criminal record.
Domestic Assault – Result: Charges Withdrawn & No Criminal Record
The client was charged with domestic assault. Tonii Roulston met with the Crown Prosecutor and was able to get the charge withdrawn. The client avoided a conviction and a criminal record.
