What Happens in a Domestic Assault Case?

Unlike random acts of violence, domestic assault involves a breach of trust within intimate relationships, making its effects profoundly personal and complex. For victims of domestic violence, the personal nature of the situation often makes it difficult to come forward and get help. It’s therefore common for those suffering from domestic assault to want to know what happens during an assault case before pursuing legal action. 

In this blog, we explain the Canadian legal framework for a domestic assault charge, detail the penalties for domestic violence offences, and explain what happens in a domestic assault case.

The Canadian Criminal Code does not define domestic assault and abuse specifically. Instead, it falls within the broader category of assault which is covered in section 265 of the Criminal Code:

265 (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) 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

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Since domestic assault usually involves close personal connections as with current or former intimate partners, family members, or cohabitants, the psychological harm dealt and safety of the victim tend to carry greater importance.

Domestic violence cases therefore typically receive heightened scrutiny, involve specialized domestic violence courts or procedures, and may result in more stringent bail conditions, protective orders, and consideration of the impact on the victim and any children involved.

The penalties for domestic assault under the Criminal Code vary widely, from fines and probation to significant jail time, especially for instances of domestic assault causing bodily harm or involving weapons.

A first-time offender might face lighter sentences, such as probation or mandatory counseling, aiming for rehabilitation. However, prior criminal convictions, especially related to violence, can lead to a lengthy jail sentence to deter repeat offences.

Every case of domestic violence is unique, which is why everything from the severity of the assault and the victim’s injuries to the accused’s criminal history and the presence of aggravating circumstances is considered.

Here is a breakdown of the stages involved in a domestic assault case.

Reporting and Initial Response

The process begins when a victim or a witness reports an incident of domestic assault to the police. Upon receiving a report, officers will typically visit the scene to assess the situation. In many cases, the police will make an initial arrest to ensure the safety of the victim, and gather preliminary evidence.

Investigation Phase

Following the report, a more thorough investigation is conducted: collecting physical evidence, documenting injuries through medical records, and taking statements from the victim, the accused, and any witnesses are all part of the process. Investigators will look into the history of the relationship between the involved parties, searching for any previous incidents of violence or threats.

Domestic Violence Charges

Based on the evidence gathered during the investigation, the police may decide to lay domestic assault charges against the accused. The decision to charge someone is based on the strength of the evidence and the history of the person who is said to have perpetrated the assault.

Legal Proceedings

Once charges are filed, the accused will face a series of legal proceedings. The first step is usually an arraignment, where the charges are formally presented, and a plea is entered. Depending on the severity of the case and the accused’s criminal history, bail may be granted under specific conditions, such as no contact with the victim or staying away from the shared residence. Violating these bail conditions can lead to immediate arrest and further charges.

Trial

If the case goes to trial, both the prosecution and defence will present their evidence and arguments before a judge or jury. Trials in domestic assault cases can be emotionally taxing for victims, who may be required to testify and recount the details of the assault. Having an experienced lawyer by your side is essential at this stage.

Sentencing

Should the accused be found guilty, the sentencing phase will determine the consequences. Sentences for criminal conviction can range from fines and community service to jail time.

Post-Trial Support and Resources

After the trial, victims may need ongoing support to recover from the trauma and rebuild their lives. Many communities offer counseling, legal assistance, and support groups specifically designed for victims of domestic violence.

*It’s important to note that the outcome of a domestic violence case may also affect future legal matters, such as custody disputes in family court.

Throughout this process, the guidance of a skilled legal professional is invaluable. A dedicated criminal defence lawyer will provide you with the support you need to build a strong case, to understand your legal options, protect your rights, and make sure your voice is heard.

An experienced lawyer not only advocates for you but also acts as a much needed source of stability and clarity in a challenging time. With knowledgeable legal representation, the path to justice and healing becomes more manageable.

Navigating a domestic assault case is difficult no matter what, but we hope that through a better understanding of the case process, victims feel empowered to seek the justice they deserve. As a trusted law firm in the field of personal injury, we at DWA Law are here to protect the rights and interests of those that are suffering due to domestic violence. If you’re facing such a situation, reach out to us to set up a free consultation. You’re not alone–let us help you through the process.