Defending a Domestic Assault Charge in Toronto
Domestic violence is a type of violence that occurs particularly within the family setup. The offense can happen in any family setting, but it is more common in homes with economic and social problems. Domestic violence can include physical abuse, emotional abuse, or sexual abuse.
Physical Abuse
Physical abuse happens when one person hurts another person by using their hands or other parts of their body to hurt them physically. This includes slapping, hitting with an object, or punching someone to cause injury.
Emotional Abuse
Emotional abuse involves using tactics to threaten, blame and control another person. This includes verbal abuse such as yelling, swearing, or insulting someone to make them feel embarrassed, ashamed or threatened.
Financial Abuse
Financial abuse is when one person uses the money to control another person by making them indebted or dependent on the abuser to maintain a dire financial status. This includes withholding money or shutting off access to funds, preventing someone from working, or taking away a loved one’s access to bank accounts.
Domestic Assault Laws in Canada
Domestic violence is a major issue in Toronto. In Toronto, it is estimated that over 3 million women are victims of domestic violence each year, and 1 in 4 women will experience domestic violence at some point in their lifetime.
Canada Criminal Code refers to domestic violence as a series of abusive actions in a relationship that one partner uses to control their intimate partner. As mentioned above, it can be sexual, physical, emotional, psychological, or economic acts or threats of actions that influence someone else.
This includes intimidation, manipulation, humiliation, isolation, frightening, terrorizing, or verbally assaulting your intimate partner. While there are many types of abuse, domestic violence is often used to describe violent behaviours within the family and in intimate relationships.
Possible Defences of Domestic Assault in Canada
Domestic violence charges are a serious issue that many people face. It is important to know how to defend against domestic violence charges to beat them and avoid penalties.
The first thing you need to do is make sure that your defence strategy is solid. This includes understanding the laws, knowing what evidence might be used against you, and preparing a defence strategy to help you beat the charges. You should also consider the person’s history of violence and mental state when defending against domestic violence charges.
You Were Acting in Self-Defence
Self-defence is a legal defence that justifies the intentional use of force against another person when there is a reasonable belief of an imminent threat.
The law on self-defence varies by jurisdiction, but in general, there are two types of self-defence:
- Justifiable and excusable – Justifiable self-defence means that the person was justified in using defensive force to protect themselves or another against an attack.
- Excusable self-defence means that the person was not justified in using defensive force but did so under provocation and without clear consciousness of wrongdoing.
The jury can acquit a defendant for self-defence if they believe they acted reasonably under the circumstances.
Defence of Another Person
The Canada Criminal Code states that any person who another person is threatening can defend themselves or someone else. A person who another person is threatening can defend themselves or someone else by using reasonable force. The defence of others is not generally used to commit a crime, but it does allow for legal protection in a common law country.
Yours is a Case of Mistaken Identity
You probably have watched on the news that people are being accused of crimes they did not commit. Often, the police make a mistake and arrest someone who is not guilty. Without a criminal lawyer in Toronto, there is no way to escape this situation. The lawyer will gather all the facts and evidence to prove that you are innocent, which will result in your release from custody.
False allegations or Complaints
A false allegation means reporting a crime that never occurred. “false allegation” is often used interchangeably with “false report.” It can also refer to an allegation that is not true but is made in good faith. A false allegation can be classified as a criminal offence, such as filing a false police report. It can also be classified as a civil offence, such as slander or libel.
The term “false allegation” may also refer to an accusation that someone has committed domestic violence, and the accuser knows it to be untrue. In this sense, it overlaps with the concept of false claims. Most plaintiffs accuse suspects falsely as a means of revenge.
This article helps you understand the legal provisions of domestic violence in Canada and what can be done to win a domestic violence case against you. You want to seek legal counsel from an experienced criminal attorney to avoid the consequences of a possible conviction.
