woman sitting at home
Knowledge

Domestic Assault Cases in Toronto: What to Do if You're a Victim

January 2023

Domestic assault is a serious issue that affects many individuals in Toronto and across the province of Ontario. If you or someone you know is a victim of domestic assault, it is important to take immediate action to ensure your safety and well-being. This includes seeking legal guidance from a qualified lawyer. A domestic assault lawyer from Titan Defence can help you understand your rights and options, and guide you through the legal process. Hiring a lawyer can also help you obtain a restraining order, seek child custody and support, and pursue criminal charges against the abuser. It's important to take action and protect yourself and your loved ones.

Different Types Of Domestic Abuse

Domestic abuse, also known as domestic violence, can take many forms. This can include abuse which is physical, sexual, emotional, and financial.

Physical abuse refers to when someone is physically harmed or injured, such as hitting, punching, or choking. Sexual abuse refers to any unwanted sexual contact or behavior, such as rape or forced sexual acts. Emotional abuse refers to psychological manipulation or control, such as verbal abuse, gaslighting, or isolating a person from friends and family. Financial abuse relates to controlling a person's access to money or resources, such as withholding money or preventing a person from getting a job.

In Ontario Law, what is considered Domestic Assault?

In Ontario, any form of physical, sexual, or psychological abuse committed by a family member or someone with whom the victim has a domestic relationship is considered as domestic assault. This can include partners, spouses, dating partners, or family members. Under the Criminal Code of Canada, domestic assault is considered a criminal offense and can result in charges such as assault, assault causing bodily harm, or sexual assault.

Under Ontario's Criminal Code, domestic assault refers to any intentional or reckless use of force against a person with whom the perpetrator has a domestic relationship. This can include hitting, punching, choking, pushing, or any other form of physical violence. It also includes sexual assault, which is any form of unwanted sexual contact or behavior, as well as psychological abuse, which includes controlling, manipulating, or threatening a person with whom the perpetrator has a domestic relationship.

What should you do if you or a family member are being abused in Toronto?

If your spouse or partner or a family member is committing violent or threatening behaviour towards you or another family member, including a child you should:

  1. Call 911 and tell them what is happening. Even if you are unable to speak, do not disconnect the call
  1. Seek medical attention if you have been injured.
  1. Contact a local shelter or crisis center for support and assistance.
  1. Speak with a lawyer to understand your legal rights and options, including obtaining a restraining order or pursuing criminal charges against the abuser.
  1. Contact local authorities such as the police to report the abuse.
  1. Gather evidence of the abuse, such as photographs of injuries or recordings of verbal abuse.
  1. Seek support from family and friends or a therapist/counselor.
  1. Create a safety plan and think about a safe place to go in case of future abuse.
  1. Keep important documents such as ID, passport and bank account information in a safe place.
  1. Remember that you are not alone and that help is available.

Leaving an abusive relationship can be a difficult and dangerous process. Seek help from professionals, and to have a safety plan in place. Keep in mind that domestic abuse is not your fault and that you deserve to live a life free from violence and abuse.

It Important To Set Up A Safety Plan If You Are A Victim Of Domestic Assault

A safety plan is a specific plan that helps you identify potential dangers and the steps you can take to stay safe. It's an important tool for anyone in a situation with domestic violence or abuse, as it can help you prepare for and respond to potential situations of danger.

A safety plan is a plan that helps identify potential dangers and provides steps to keep you safe. It’s for anyone in a situation with domestic abuse as it can help prepare you for how to respond to dangerous situations. 

An example of a safety plan for a victim of domestic assault in Ontario might include the following steps:

  1. Identify a safe place to go in case of an emergency, such as a friend or family member's house, a shelter, or a hotel.
  1. Keep important documents, such as ID, passport, and bank account information, in a safe place and/or with a trusted friend or family member.
  1. Learn the signs that abuse is escalating and plan a safe way to leave if necessary.
  1. Keep a phone with you at all times, and know how to call 911 or local emergency services.
  1. Share your safety plan with a trusted friend or family member, and ask them to check in on you regularly.
  1. Pack a bag of essentials, like clothes, medication, and important documents, in case you need to leave quickly.
  1. Identify safe places to go in your community, such as a library, community center, or place of worship.
  1. Have a code word or phrase that you can use to alert friends and family members that you need help.
  1. Learn the location of the nearest hospital and police station.

It's important to remember that safety plans are not one-size-fits-all, and that different plans will work better for different people. It's also important to remember that leaving an abusive relationship can be a dangerous process, and it's important to seek help from professionals.

If You Must Leave In A Hurry, Ontario.ca Recommends Taking Following Items:

  • car keys and house keys
  • identification and other important documents
  • prescriptions and other medicines
  • banking information
  • emergency suitcase, already packed
  • special toys and comforts for your children
  • contact your child’s school to update them on their ability to attend school, or on any other pertinent information that could be shared

Seek Legal Support if You Are a Victim of Domestic

Seeking legal support is important if you are a victim of domestic assault because it can help protect your safety and well-being. A lawyer can help you understand your rights and options, and guide you through the legal process. They can help you with a restraining order, which can stop the abuser from having contact with you and your children. This can help keep you safe and give you peace of mind. A lawyer can also help you pursue criminal charges against the abuser, and can represent you in court. This can hold the abuser accountable for their actions and can help bring an end to the abuse.

A lawyer can help you navigate the legal process of divorce or separation, and can help you seek a fair settlement and spousal support. This can be especially important if you are financially dependent on the abusing partner, as a lawyer can help secure the resources you need to rebuild your life. A lawyer can also help you with issues related to child custody and support, and can help make sure that you have a say in decisions about your children's well-being.

In summary, a lawyer can help you navigate the legal system and advocate for your rights and best interests. They can provide guidance, support and representation in legal proceedings, and can help you achieve the best possible outcome in your case.

Take Action

If you or someone you know is a victim of domestic assault, it is important to take immediate action to ensure your safety and well-being. The first step is to seek help from local authorities, such as the police, and to seek medical attention if necessary. It is also important to seek support from local shelters and crisis centers, as well as from friends, family, and professional counselors.

Please remember that you are not alone and that help is available! If you are a victim of domestic assault, take action to protect yourself and your loved ones, and to seek the legal and emotional support you need to rebuild your life. Contact Titan Defence today.


Author: Titan LLP


NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.