A Domestic Violence charge is a very serious criminal offence. Domestic violence charges can be broken down into various categories, ranging from a simple assault to an aggravated sexual assault. Any criminal charge involving violence directed towards family members is considered by Canadian criminal courts to be an aggravated situation involving serious sentencing repercussions.
TYPES OF DOMESTIC VIOLENCE
Domestic Violence can be divided into four different types: Physical Assault, Psychological Assault, Sexual Assault and Attacks on Property or pets. Your Cambridge Domestic Violence lawyer has the knowledge and experience to guide you as you face these charges.
Physical Assault can be defined as any form of unwanted physical contact. This includes pushing, restraining, kicking or striking another person. Aggravating factors include use of a deadly weapon, the presence of injury or disfigurement or otherwise endangering a life.
This type of assault includes emotional and verbal abuse, including threats or criminal harassment. The allegations often include facts that support allegations of intimidation or exercising control over the victim’s activities, forced financial dependence and isolating the victim from friends and family members. Psychological Assault can also take the form of stalking, trespassing on the alleged victim’s property at night, verbal threats and repeated or indecent phone calls.
Sexual Assault occurs when there is unwanted sexual contact. Canadian law defines unwanted sexual contact as touching another person without their consent in circumstances of a sexual nature resulting in their sexual integrity being violated. The age of consent in Canada is 16 years old.
Attacks Against Property and Pets
Attacks against personal property or pets are also considered to be serious crimes. Mischief is a criminal charge involving the destruction of property or objects owned by the victim, including household items. Attacks on pets involve any activity that injures or kills the victim’s pets.
Domestic Violence Penalties
There is a wide range of serious sentencing options if the court finds a person guilty of domestic violence. These penalties can include:
- Conditional discharge, which avoids a criminal record.
- A conditional sentence. This penalty includes house arrest.
- High fines, including restitution and a victim fine surcharge.
- A suspended sentence and probation.
- A maximum of 6 months in prison for a summary conviction domestic assault conviction.
- An indictable domestic assault conviction can result in a maximum 5-year prison term.
- A domestic sexual assault or domestic assault conviction that results in bodily injuries can attract a maximum 10-year prison term.
- An aggravated domestic assault or a sexual assault conviction causing bodily harm has a maximum 14-year jail term.
In addition to the serious repercussion mentioned above, a conviction for Domestic Violence charges will negatively affect the lives of everyone involved. Relationships that were in place before the domestic violence incident will never be the same. You might find yourself stigmatized in your community, fired by your workplace or encounter difficulties securing a job. Depending on the type of domestic violence conviction, you may be unable to travel to the United States or other countries.
CAMBRIDGE DOMESTIC VIOLENCE LAWYERS
The lawyers at the Kruse Law Firm have the experience and the knowledge to prepare your defence. Mike Kruse, the founding partner of Kruse Law Firm, has over 30 years of experience successfully defending criminal charges across Ontario. He has dedicated his career to vigorously defending his clients in the courtroom. He is a capable, dedicated and relentless lawyer to have on your side if you face any type of criminal charge.
You can get a free online consultation with a Cambridge Domestic Violence Lawyer. Kruse Law Firm will answer your questions and provide you with the guidance you need to take your first steps towards defending the charges against you. Fill out the online form or call our offices to get the best defence of your case started as quickly
Our Kitchener office is conveniently located for Cambridge residents (including Galt, Preston and Hespeler).
Kruse Law Firm operates out of our offices in Kitchener, London, Toronto, and Windsor to assist clients throughout Ontario.