Domestic Assault

The Criminal Code of Canada does not contain a separate offence of “domestic assault”. However allegations of assault against a spouse or partner are classified by the courts as domestic assaults and receive different treatment than other types of assaults. Domestic assaults can be one of the more frustrating charges for people who are accused of a criminal offence. Upon release from the station or from bail court, those accused of domestic assault are routinely placed on conditions not to contact or communicate with their spouse, and even sometimes their children. These conditions can be in place for months on end.

Unlike what people learn about the law by watching American television shows, under Canadian law, the “complainant” on a domestic assault charge does not have the ability to “drop the charges”. Once an accused is charged, the only person who has control over whether domestic charges proceed is the prosecutor. Even more frustrating is the fact that the practice manual for Ontario prosecutors dictates that even where the complainant on domestic charges wishes them to be dropped, the charges “usually” should go forward.

The combination of these factors is used by the system to try and compel those charged with domestic assaults to plead guilty at an early stage to have their conditions lifted and reunite the family. Please do not do this if you find yourself charged with a domestic assault. You owe it to yourself and your family to consult with an experienced Toronto domestic assault lawyer. A criminal record can impact you and your family for years to come.

Graham Zoppi is a Toronto domestic assault lawyer who has represented clients on hundreds of domestic assault charges, the majority of which he has convinced the prosecution to withdraw without even having to go to trial. Where matters have to go to trial, Mr. Zoppi engages in thorough and aggressive cross-examination of domestic assault complainants, usually resulting in acquittals for his clients.