What is Domestic Violence and How is it Tried in Court?

Domestic violence in Ontario covers many different forms of abusive behavior, from verbal abuse to physical assault. Whether you find yourself accused of this crime or think that you might be a victim of it, you should know the definition of the term and the steps that a criminal case involving domestic violence follows. This article will answer the question, What is domestic violence?” and detail the legal ramifications of the crime.

Violence Against a Family Member

In Canada, domestic violence laws cover any level of violence to a member of a person’s family. Most people commonly associate these laws with spousal abuse, but they also apply to child abuse, elderly abuse, and can even apply to couples under a common law marriage and couples who are dating but not married. If you live with somebody or have a domestic relationship with them and are accused of abuse, you should look for a lawyer who has provided successful domestic abuse defence cases in your region. Those in Ontario may wish to consider Robbie Tsang, a Toronto criminal defence lawyer who has a great deal of knowledge and experience in this field.

Non-Violent Abuse

Many people use the terms domestic violence and domestic abuse interchangeably because the most common form of domestic abuse involves violence of some sort. However, there are other ways in which a person can abuse somebody domestically without using violence. This could include threats, domineering control over another person’s finances, or the forging of another person’s name on legal documents. The Canadian legal system takes any accusations of this sort of abuse very seriously. While not all accusations are true or accurate, the majority of them are. This is one reason why a good defence lawyer is needed for these cases. Otherwise, you might find yourself found guilty of something you didn’t do.

What to do if Accused

If you find yourself accused of domestic violence, you might feel the urge to confront your accuser and set the record straight. This is a bad idea once the issue becomes a legal matter. Instead, you should reach out to a domestic violence lawyer as soon as possible. In between your initial consult with the lawyer and your first consultation, you should make a record of your side of the story. This is not necessarily something that will be used in court, but it does give your lawyer some useful perspective from which to work. You should limit your contact with your accuser and make sure to abide by the terms of any police order you are given. Your goal should be to remain out of trouble and communicate with your lawyer as completely and thoroughly as possible.

Domestic violence is a serious crime that covers many different aspects of abuse. If you find yourself accused of this crime and you don’t have a competent lawyer to defend you, then you can almost certainly expect jail time. Knowing the law and getting a lawyer with experience in your area is key to getting through such a charge.

Mass Tsang LLP

5075 Yonge Street,
Suite 501,
Toronto, Ontario
M2N 6C6, Canada
Phone:  (416) 907-4097