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Domestic Assault - Cugelman & Eisen

Domestic assault cases are taken very seriously by the Canadian authorities, and charges of assault can ruin your personal and professional reputation, relationships, and employment opportunities. You may also be facing the possibility of severe penalties, including heavy fines and extended jail time.

If you have found yourself charged with domestic assault, it is of the utmost importance that you secure the services of a qualified, competent criminal lawyer, who regularly deals with domestic assault cases. You may feel like the entire weight of the criminal justice system is on your shoulders, but you don't need to face this situation alone. You need someone in your corner who will vigorously defend your rights.

Understanding Domestic Assault Charges

Many people have a mistaken belief that the complainant (sometimes called the "victim") is in charge of pressing assault charges; as a result, they may believe that they can avoid prosecution if the complainant drops the charge. Actually, a criminal charge is almost always filed by the authorities, in most cases by the police officers who responded to the incident. The ability to drop the charge lies with the Crown prosecutors. They may ask for input from the police and the complainant, but they make the final determination as to whether or not a charge proceeds.

At the same time, the authorities believe that there are special considerations involved when assault occurs in the context of a domestic, romantic, or family relationship, and a release after arrest on a domestic assault charge, either from the police station or from the bail court, almost always includes a "no contact" order, which forbids the accused from having any contact with the complainant (whether in person, by phone or e-mail, or via any other means of communication). If there is contact or attempted contact which comes to the attention of the authorities, the defendant will inevitably be re-arrested and charged with breach of undertaking or recognizance of bail. If this happens, the defendant may have difficulty persuading a court to grant him or her a further release on bail. No-contact orders can complicate family relationships, but if there are children involved in a domestic assault situation, a criminal lawyer may be able to make special arrangements with the courts to allow the defendant to have visitation rights with the children.

In appropriate cases, a criminal lawyer is able to explore the possibility of resolving a domestic assault case through the use of an Early Intervention Program. Such programs give the accused an opportunity to resume contact with the complainant as long as they agree to participate in counseling on matters concerning domestic violence and relationships. In these situations, the accused may be allowed contact with the complainant with written revocable consent, on the condition that they attend the program.

Domestic assault charges involve complex legal issues and procedures. You need an ally who is familiar with the law as it applies to your situation, who can stand up for your rights, and who can look for the best possible resolution to your unique case (whether through a vigorous defence at trial or an alternative avenue such as an early intervention program). Contact a qualified, competent criminal lawyer today to get started.

Cugelman & Eisen: Barrie Criminal Lawyers Who Will Fight For You

The legal team at Cugelman & Eisen has more than 60 years of combined experience in criminal defence, having prepared and argued cases successfully at all levels of the Ontario court system. They have built their practice on hard work, clear communication with clients, and an unwavering dedication to excellence in the field of criminal defence; today, Cugelman & Eisen is one of the most highly regarded law firms in the Barrie area. They work in all areas of criminal defence and handle all types of cases, including impaired driving, domestic and sexual assault, property offences, and more. Bernard Cugelman and Mitchell Eisen stay abreast of the latest developments in Canadian criminal law, which allows them to provide the most effective defence for every client. They can assist you through every phase of your criminal case, from police investigations, bail, and pre-trial hearings to trials, plea negotiations, and appeals. The law offices of Cugelman & Eisen are located at 89 Collier St. Suite 100, Barrie, Ontario L4M 1H2, or they can be reached by calling (866) 715-9413.