DOMESTIC ASSAULT

Domestic Assault is any assaultive behaviour that takes place in the context of an intimate partner relationship, which generally includes (opposite or same-sex) current or former spouses, common-law partners, and dating partners. If the police are called in response to a report of an assault, the person accused of causing the assault will often be arrested.

Being arrested and charged with a domestic assault allegation, is a serious offence. Not only is domestic violence considered to be an aggravating factor, but also, it is exceptionally disruptive to one’s life and family; as a “no contact” and “no go” order will often be imposed restricting communication with the Complainant, along with prohibiting attendance at any known address (family home), place of employment, school, place of worship, etc., where the Complainant may be. This “no contact” and “no go” often includes the children as well. The Accused’s life is turned upside down as they will be forced to find accommodation outside of the family residence, while having no contact or communication with their loved ones.

While there are defences to domestic assault – such as a denial, consent, and self-defence – many Clients prefer to mend the relationship, rather than challenge the evidence. There is no “right” or “wrong” decision when a Client chooses which avenue they wish to pursue. Rather, what matters most is determining the Client’s end goal(s) when facing a domestic assault allegation.

The options of how best to accomplish the Client’s goal(s), along with the pros and cons of each, are critical in the decision-making process for the Client. Mr. Israels’ decades of experience in successfully handling domestic assault charges (having defended thousands of cases) is instrumental in assisting the Client. Additionally, reviewing disclosure and discussing the intimacies of the allegations, along with the history of the relationship is also vital. Similarly, formulating a plan to obtain a change in bail to allow for contact as soon as possible and/or a return to the family home are also issues to consider.

Together with Mr. Israels, the Client formulates a strategic “plan” – how best to accomplish the Client’s goal(s) – whatever they may be. While domestic assault remains a serious offence, if handled correctly, the Client’s end goal is often obtained.