Domestic violence defense

There are several potential defenses to domestic violence charges in Canada, depending on the specific facts of the case. Common defenses include:

• Self-defense, where you acted to protect yourself or others from harm.
• False accusations, where the complainant has made allegations that are exaggerated or entirely untrue.
• Lack of evidence, where the Crown cannot prove the charges beyond a reasonable doubt. It is essential to consult with a criminal defense lawyer to assess your case, identify the most appropriate defense, and protect your rights.

In Canada, domestic violence cases are prosecuted by the Crown, not by the complainant. This means that even if the complainant wants to withdraw their statement or does not wish to press charges, the Crown may still proceed with the case. Prosecutors take domestic violence charges seriously and often pursue cases where they believe there is sufficient evidence, even without the cooperation of the complainant. It is critical to have legal representation to navigate these complex situations and present a strong defense.

If you are charged with domestic violence in Canada, the consequences can be severe and immediate. You may be arrested and held in custody until a bail hearing, depending on the circumstances of the alleged offense. If released, there may be conditions such as no-contact orders, requiring you to avoid the complainant and possibly leave the family home. If convicted, penalties can include fines, probation, mandatory counseling, and imprisonment. Additionally, a criminal record can impact your employment and ability to travel or maintain custody of children.