As practising lawyers in Toronto, we come across situations when a person comes through our doors charged with a domestic assault. It should be noted that there is no special provision in the Criminal Code of Canada that relates to “domestic assault”. The term “domestic assault” is derived from the set of circumstances where alleged offence took place, for example where one spouse allegedly assaulted the other.
In most cases, an individual who is charged with a domestic assault will be taken into police custody. If that individual does not have a place to go, he or she will be held overnight in police custody for a bail hearing the following morning.
Depending on circumstances surrounding the arrest, a person will be usually released on bail with an appropriate surety. Once on bail, a person cannot have any contact with his spouse, girlfriend or boyfriend. If that person shares household responsibilities with his significant other who is often the complainant, that person is no longer there, and there is no way of contacting him or her, except through a legal counsel. There are situations when a person charged with domestic assault is a sole breadwinner at the house and where others depend on him or her. Therefore, it is important to retain a lawyer at the outset of your case in order to make sure that the criminal charge that you are currently facing does not interfere with other aspects of your life.
It is important to note that there are also issues that need to be considered if the couple decides to split up or file for a divorce after the incident that resulted in a criminal charge. Here comes into play a family law perspective that often intertwined with criminal proceedings. Although criminal and family proceedings are considered to be separate, they are nonetheless connected to each other. Lawyers at Bykov Law have the necessary experience and proven track record of success dealing with cases that involve both criminal and family law. We represent clients not only in the GTA, but across all southern Ontario. We are devoted to providing you with a vigorous defense in your criminal case and fighting to protect your rights in family court. We specialize in criminal and family law, so if you are in need of representation, call us today for a free consultation. We are Toronto family and criminal lawyers who understand your needs and who can help you in this difficult situation in your life.