man in suit
Knowledge

Hiring a Domestic Assault Lawyer in Ontario: What to Expect

January 2023

Being charged with domestic assault is a serious matter that can have a significant impact on your life. It is important to understand that the legal process can be complex and overwhelming, and that seeking legal advice from a qualified criminal law firm is crucial. Titan Defence, a criminal law firm located in Toronto, is dedicated to providing expert legal representation to individuals facing domestic assault charges. With experienced lawyers and a proven track record, Titan Defence is committed to helping clients navigate the legal system and achieve the best possible outcome in their case. We will explore the importance of seeking legal advice from an experienced criminal law firm like Titan Defence if you have been charged with domestic assault.

What you should do if you have been charged with domestic assault in Toronto

If you have been charged with domestic assault in Toronto, you should act immediately to protect your rights. The first step is to seek legal advice from a qualified criminal law firm like Titan Defence. Our experienced lawyers can help you understand the charges against you, explain the legal process, and advise you on your rights and options. They can also help you prepare a defence and represent you in court.

When charged, you should remain silent and not speak to anyone about the case, except for your lawyer. Anything you say can be used against you in court. Domestic assault charges can have serious consequences, including jail time and a criminal record, which can impact your future job prospects and personal relationships. With this in mind, it’s key that you work with a lawyer who has experience in defending against domestic assault charges and will work to achieve the best possible outcome in your case.

In addition to the criminal proceedings, there may be civil proceedings, such as restraining order or child custody. A lawyer can help navigate these multiple proceedings and ensure that your rights are protected.

The Process Starts With An Initial Consultation

A lawyer at Titan Defence can help you understand the domestic assault charges that you are facing, explain the potential penalties, and the legal process in general. They will review the evidence against you and explain the strengths and weaknesses of the prosecution's case. They will also explain the possible defence that can be used in your case and what the prosecution must prove in order to secure a conviction.

The first thing a lawyer will do when representing a client charged with domestic assault is to conduct an initial consultation with the client. During this meeting, the lawyer will gather information about the client's background, the facts of the case and the client's version of events. They will also explain the client's rights, the possible outcomes and the court process. They will also inform the client of their right to remain silent and the importance of not speaking to anyone about the case, except for the lawyer.

After the initial consultation, the lawyer will review the evidence and assess the strengths and weaknesses of the prosecution's case. They will then develop a strategy for the client's defence, which may include interviewing witnesses, retaining experts, and filing motions. They will also prepare the client for court appearances and represent the client in court.

A criminal defence lawyer's primary goal is to achieve the best possible outcome for their client, whether it's through negotiation, mediation, plea bargaining or trial. They will work hard to protect their client's rights and interests throughout the legal process.

A Domestic Assault Lawyer Will Advise You Of Your Rights

When charged with domestic assault in Ontario, a lawyer will advise you of several legal rights, including:

  • The right to remain silent: Your lawyer will advise you of your right to remain silent and not to speak to anyone about the case, except for your lawyer or other legal professional retained by you.
  • The right to a fair trial: Your lawyer will advise you of your right to a fair trial and the legal process that will be followed in Ontario, including the right to be represented by a lawyer, the right to call witnesses and the right to cross-examine the prosecution's witnesses.
  • The right to bail or release: Your lawyer will advise you of your rights related to bail or release in Ontario, including the conditions of release and the process of applying for bail.
  • The right to plea bargaining: Your lawyer will advise you of your right to plea bargaining in Ontario, which is the process of negotiating a plea agreement with the prosecution. This agreement can reduce the charges or penalties in exchange for a guilty plea.
  • The right to appeal: Your lawyer will advise you of your right to appeal if you are convicted in Ontario. This can be an option if there is a legal issue or error in the trial that may have affected the outcome.
  • The right to know the evidence against you: Your lawyer will advise you of your right to know the evidence against you and to challenge any evidence that may be inadmissible in court in Ontario.

Seeking legal advice from a qualified lawyer who is familiar with the laws and the legal system in Ontario is crucial when facing domestic assault charges.

Applying For Bail

It may be possible to be released from custody while awaiting trial for a domestic assault charge, by being granted bail. However, before granting bail, the police and prosecutors must carefully evaluate a variety of factors to ensure the safety of the accuser and the general public will not be compromised. The lawyer will present evidence and arguments in support of the bail application, including any mitigating circumstances that may support the person's release.

The lawyer will also provide information about the person's background, such as their employment, family, and community connections, as well as any previous history of compliance with court orders. They will also address any concerns that may be raised by the prosecution in relation to the person's release.

During the bail hearing, the lawyer will provide the judge or justice of the peace with an understanding of the facts of the case, and the strength of the prosecution's case, as well as the client's willingness to comply with any conditions of release. They may also provide evidence of the person's ties to the community, such as employment, family, and friends, and any other information that demonstrates that the person is not a flight risk.

The lawyer may also suggest to have a third party, known as a surety, to act as a guarantee for the person's release. The surety will assure the court that the accused person will attend court and comply with any conditions of release.

It's important to note that in domestic assault cases, the court may impose conditions to protect the safety of the alleged victim, such as a no contact order. Also, in some cases, the prosecution may oppose bail on the grounds that they consider the accused as a flight risk or danger to the community.

Contact Titan Defence Today

Being charged with domestic assault is a serious matter that can have a significant impact on your life. The legal process can be complex and overwhelming, and seeking legal advice from a qualified criminal law firm is crucial. Titan Defence, a criminal law firm located in Toronto, is dedicated to providing expert legal representation to individuals facing domestic assault charges. With experienced lawyers and a proven track record, Titan Defence is committed to helping clients navigate the legal system and achieve the best possible outcome in their case. By contacting Titan Defence, you will have a team of experts who will guide you through the process and fight for your rights every step of the way.


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.