Spousal Assault (Domestic Violence) Charges

If you've been charged with spousal assault you're facing an allegation of violence, and a conviction has serious, long-lasting consequences. You need to talk to a criminal defence lawyer now.

IMPORTANT! Do not contact the other party until you read this.

Release by the police and no-contact orders.

If you've been charged with spousal assault, you need to know the terms under which you were released (your bail provisions). The most common condition is that you are to have "no contact," either directly or indirectly, with the other person. That can also extend to the other persons home (even if you live there too) and workplace. This may mean you are not entitled to return to your home until the terms of your release are changed permit it.

Here's where most people go wrong.

The problem is that in many cases the parties to the alleged spousal assault want to get back together. But they cannot legally have contact while a no-contact order is in place. Getting back together is NOT a decision you or your spouse can legally make. It doesn't matter if the other party to the spousal assault wants to get back together. As long as there is a no-contact order, you cannot contact the other party. (This normally includes both direct and indirect contact.)

If you return home and breach your no-contact order, you are subject to arrest and you'll likely stay in jail until you go in front of a judge. If you're arrested, you'll likely also be charged with breaching the terms of your release.

If you are the subject of a no-contact order and you and the other person want to get back together, talk to a criminal defence lawyer about the steps you need to take to try and get the order removed. Until then, follow all the terms of the order to the letter.

What is spousal assault?

Most domestic violence cases involve assaults between spouses who are either married or common-law. And while most cases involve people in a marital relationship, assaults on children, siblings and parents come under the classification as well. Even assaults between boyfriend and girlfriend can be considered domestic violence. Still, the average case involves a husband and wife with the husband as offender and the wife as victim.

Spousal assaults are treated seriously.

Spousal assaults are and always have been assaults. While the Criminal Code does not generally distinguish between assaults based on the relationship of the parties, spousal assaults are usually treated more harshly than other assault cases (for example, where the parties to the assault are strangers). In fact, in many jurisdictions spousal assaults are separately identified and tracked. In some provinces, designated Crown prosecutors are assigned to prosecute these cases in assigned courtrooms that deal exclusively with domestic violence.

When the police get involved.

When the police are called to a domestic violence complaint, someone is usually charged with assault-even when the other person expressly states that they do not want charges laid. This happens because of evidence that abusers not only physically and emotionally abuse their partner or relative, they also exercise a significant degree of control over them.

This policy to lay charges in cases of domestic violence is sometimes referred to as a "zero tolerance" policy, and many police departments follow it. The police lay charges and the courts sort the matter out. This type of policy certainly has some benefit in the protection of a spouse who is influenced by an abuser. But it can also lead to charges being laid in situations that might better be dealt with in a less formal manner.

The prosecutor has control of the case.

Once a spousal assault charge is laid, the decision to prosecute belongs to the Crown prosecutor regardless of what the other spouse wants. With other kinds of assault the prosecution will often go along with the wishes of the other person, but not with spousal assault.

What makes spousal assault so complicated?

Often the parties to a domestic assault want to, and do, reunite. The allegations may have arisen during a heightened emotional situation spurred on by alcohol or some other substance. Sometimes the parties didn't call the police themselves, but rather a third party (a neighbor or concerned citizen) called in and charges were laid. In other words, in many domestic assault situations, the courts are dealing with families in crisis who want to get their lives back and move on . . . together.

The prosecutor, on the other hand, is charged with protecting individuals who cannot protect themselves. They recognize that there are some people who are controlled and manipulated by their spouse. This has resulted in:

• (1) the zero-tolerance approach taken by many police departments and
• (2) the appointing of special prosecutors to domestic assault cases.

Here's why you need to talk to a criminal defence lawyer.

Spousal assault is a crime of violence. If you're convicted of a crime of violence, the consequences are serious and can be life changing. If you're facing any crime of violence, you should talk to a criminal defence lawyer before you make any decisions. But this is especially true of spousal assault allegations.

The Government (the prosecution) recognizes that in some cases a criminal prosecution is not in the best interests of anyone involved. In these cases, the family crisis that precipitated the domestic assault is better addressed outside of the criminal courts. But this decision doesn't just happen. The right steps must be taken, and the concerns of the government (the safety of the other person and the prevention of future incidents) must be addressed.

A criminal defence lawyer can help you get through this difficult time. First, your lawyer will address any no-contact order that might be in place. Next, they will work towards helping you achieve a non-criminal resolution to your situation, if one is available. And finally, they will run a trial and defend you, if necessary.

The bottom line.

If you're facing any allegation of spousal assault, talk to a criminal defence lawyer immediately, and get the advice you need.