Intimate partner violence is a major health concern for the public not only for residents of Canada, but for people around the world. There is also a percentage of domestic assault allegations that are false, which has led to individuals being wrongly convicted and incarcerated. Just as spousal assault is a reality, so is the unfortunate fact that claims of abuse are made due to jealousy, anger, revenge or resentment that stems from a contentious divorce or other domestic circumstances.
Defences Against Spousal Assault Charges
One of the defence strategies against false allegations of spousal assault is to challenge the credibility and reliability of the person filing the complaint. This is done by rigorously examining the evidence available such as the complainant’s statement, the physical evidence, phone records, prior history and the testimony of other witnesses etc. By taking a deeper look at the weaknesses in the material substantiating the charges, you may be able to disassemble the case against you.
Another strategy that is used frequently is establishing that the accused acted in self-defence. There have been recent amendments to the Criminal Code of Canada that govern all types of assault, including domestic assault and family violence. If you are accused of domestic assault, you can only claim self-defence when you meet the following criteria:
- Either force was used against you or you had the reasonable belief that force was going to be used against you.
- Your actions were solely for the purpose of protecting or defending yourself from the threat or the use of force.
- Under the circumstances, your response or actions were reasonable, meaning a reasonable person would have acted the same way in a similar circumstance.
For your particular situation, the presiding court will consider many factors to determine if your actions were reasonable. Those factors may include:
- The history between the person filing the complaint and you
- Whether alcohol was consumed by either party at the time the offence was committed
- The difference in size between the person filing the complaint and the accused
- Whether the force applied by the accused was in proportion to the threat or force applied by the person filing the complaint.
Spousal Assault Defence Lawyers in Ontario
If you are facing charges of domestic violence or spousal assault, it is important to retain a skilled lawyer who has your best interests in mind. The courts only have the information in the police report and possible witness testimony to help them make decisions.
A skilled spousal assault defence lawyer in Ontario can provide the court with additional information that may be helpful in your case. There is a very real possibility the lawyers at Kruse Law may be able to win your case. Assuming you intend to plead guilty to the charge, a good criminal lawyer can also help you to achieve the lightest possible sentence, including trying to avoid a jail term.
Schedule your free consultation or call toll free at +1-800-699-0806 to speak with someone today. Do not risk being saddled with a criminal record or receiving a lengthy jail sentence. It is vital you have an experienced criminal lawyer on your side who can provide sound advice and guide you through the Canadian court system to avoid life-changing consequences.