Defending Domestic Assault Charges in Ottawa
Brett McGarry works to expose false accusations. He gathers all relevant evidence, including family law documents and communications between you and your accuser. He thoroughly cross-examines witnesses and extensively prepares his clients to testify in court. He works together with experienced family law counsel to ensure that the interests of his clients are fully protected.
If you are arrested for a criminal offence in Canada, a police officer will process you and you may be required to return to court at a later date.
Brett McGarry is also frequently retained by complainants to assist in varying bail conditions, and to advise them of their rights, in a justice system that often refuses to listen to their needs(See the Crown Policy Manual).
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What is a “domestic” assault”?
A “domestic relationship” can be a short dating relationship or a marriage. A domestic assault can also occur after the relationship is over, for example, with an ex-girlfriend or ex-husband. Domestic assault is not classified as a separate offence under the Criminal Code, but is treated with particular seriousness when it involves a family member or domestic partner.
Under the Criminal Code, an “assault” is the intentional application (or threat of application) of force to another person without their consent. Therefore, an assault does not have to result in physical harm to be a criminal act. An “assault” can range from a grab or shove to serious punches and kicks.
In domestic assault cases, related charges often include:
- Assault with a weapon
- Assault causing bodily harm
- Aggravated assault
- Uttering a death threat
- Uttering a threat to cause harm
- Forcible confinement
- Chocking to overcome resistance
- Mischief (i.e. damaging property)
- Criminal harassment
- Break and enter into a dwelling
- Careless driving
Onerous Bail Conditions
Harsh bail conditions often bar an accused person from residing at home and communicating with his or her children and spouse. These conditions are generally put in place whether or not the “victim” requests them. Such conditions can be tremendously disruptive to your family. Immediate legal action is often required to address strict no-contact orders, which can cause significant disruption. There are ways to have the bail conditions varied with the consent of the Crown, or to have them varied at a contested bail variation hearing before a justice of the peace. Until the conditions are varied you must follow them to the letter, as a breach will result in additional criminal charges.
Serious defence for serious cases
The courts take domestic violence seriously. Charges of domestic assault in Ottawa carry serious penalties and consequences beyond the criminal record and potential jail time involved. An accusation of domestic abuse can affect where you can live, when you can see your children, and divorce/child custody proceedings. The court can impose an emergency protection order (EPO) without the accused being present if there are credible complaints of domestic assault.
The defence of a domestic assault allegation can be complicated. Domestic trials regularly involve complex principles of evidence, such as the Crown trying to cross-examine its own witness (i.e. the complainant), hearsay statements and recantations. Defence counsel must be both skilled at getting helpful evidence from friendly witnesses tendered by the Crown, and vigorously cross-examining hostile witnesses.
The Crown Attorney will determine whether to charge you or not in a domestic assault case, regardless of the complainant’s wishes.
Brett McGarry, domestic assault lawyer in Ottawa, is well versed in defending domestic assault allegations. He works to expose people who make false accusations to advance a family law or divorce strategy. To this end, it is important to obtain records such as family law documents, emails, voicemails and other communications between you and your accuser. He thoroughly cross examines witnesses, conducts independent investigations and prepares his clients extensively to testify in court. Brett works together with experienced family and civil counsel to ensure that all your interests are protected. Criminal defence lawyers conduct thorough research and due diligence to build a strong case, taking into account the specific circumstances of each case.
If you are arrested, you have the right to speak with a lawyer or family members. Within 48 hours of being taken into custody, a court hearing will be scheduled for the accused, and a judge will preside over the proceedings to determine guilt or innocence based on the evidence.
Introduction to Domestic Assault
Domestic assault is a serious criminal offence that can have life-altering consequences for everyone involved. In Ottawa and across Canada, domestic violence cases are treated with the utmost gravity by the criminal justice system. Domestic assault charges may arise from incidents involving spouses, partners, or other family members within a domestic relationship, and can include not only physical violence but also threats, emotional abuse, or any intentional application of force without consent.
Being accused of domestic assault can be overwhelming. The accused person may face immediate restrictions, such as strict bail conditions that limit contact with loved ones or prevent them from returning home. A conviction can result in a criminal record, jail time, and long-term impacts on employment, travel, and family law matters like child custody or divorce. Even before a trial, the mere allegation of domestic violence can damage a person’s reputation and disrupt their life.
Domestic assault cases are often complex, involving emotional, psychological, and legal challenges. The prosecution must prove beyond a reasonable doubt that the accused committed the offence, but the evidence can be complicated by the dynamics of the relationship, conflicting accounts, and the involvement of other criminal charges such as assault causing bodily harm, aggravated assault, sexual assault, mischief, theft, or fraud. Each case is unique, and the stakes are high.
Navigating the criminal justice system requires the guidance of a criminal lawyer with extensive experience in domestic violence cases. A skilled domestic assault lawyer can help the accused understand the charges, their rights, and the possible defences available, such as self defence or consent. They work tirelessly to challenge the prosecution’s evidence, protect the accused’s charter rights, and seek to have charges dropped or reduced whenever possible.
If you or someone you care about is facing domestic assault charges, it is crucial to seek a free consultation with a criminal defence lawyer as soon as possible. Early legal advice can make a significant difference in determining the best course of action and building an effective defence. With the right legal team, it is possible to defend against allegations, protect your reputation, and secure the best possible outcome in court.
Domestic assault is not just a legal issue—it affects every aspect of a person’s life. Effective representation is essential to navigate the complexities of the law, challenge the prosecution, and ensure that justice is served. Don’t face these serious charges alone; consult with a lawyer who understands the intricacies of domestic violence cases and will work tirelessly to defend your rights and future.
Our Success Stories
Oliver was seeing discovered that he had another girlfriend. When the police showed up, the woman claimed that Oliver had broken down a door and kicked her repeatedly.Oliver faced possible deportation from Canada and the loss of his job if convicted. Oliver was acquitted of all charges at trial in Ottawa.
Eduardo was charged with assaulting his girlfriend with a knife. Brett McGarry cross-examined the alleged victim on affidavits from a family law case. As a result, Eduardo was acquitted of all charges.
John’s girlfriend found pictures of other women on his cell phone. A screaming match ensued. John’s girlfriend alleged that John choked, hit, and threatened her. John was adamant that his girlfriend attacked him in a jealous rage. John was acquitted based on self-defence after a trial in Ottawa.
Nathan faced a one-year jail sentence on a charge of criminal harassment arising from a domestic relationship. Nathan was found not guilty after a trial in Cornwall.
Brenda recanted her allegations of domestic abuse at her boyfriend’s trial. The police then charged Brenda with making a false complaint. Brenda was also charged with breaching her bail conditions by having contact with her boyfriend. Brenda was found not guilty of all charges at her trial in Cornwall.
Protecting Your Rights When Dealing with Domestic Violence and Assault Charges
At McGarry Law, our lawyers who specialize in domestic violence cases in Ottawa are aware of the personal and legal impacts such a case can have on you. We work tirelessly to protect your reputation and defend your rights. Domestic violence as a legal issue is complex, and we work hard to come up with a strategic defense that is customized to fit your needs.