Facing any criminal charge can be overwhelming. However, when a crime has a huge social stigma, such as domestic assault, it can be even more challenging. This can be made even worse if you don’t know what to expect from your trial.
Knowing how the process works can allow you to have a clearer mind and focus on the challenges ahead. Here, we’ll look at what you can expect and what will be required of both you and your lawyer when preparing for a domestic assault trial.
Understanding Domestic Assault in Canada
It’s first important to point out that there is no offence of “domestic assault” in Canadian law. Instead, you will be charged with a level of assault in relation to the seriousness of the allegation. With the alleged offence taking place within a domestic or intimate relationship, the case will be treated differently.
That’s because such cases are seen as having a higher level of moral failing. Added to this, there are potentially ongoing risks to the complainant. This is why stricter bail conditions are also given, such as no contact orders.
The Importance of Legal Representation
The first step that you need to take is hiring an experienced criminal defence lawyer. They can not only help you through your trial but can also navigate your bail hearing to ensure that any restrictions on your freedom aren’t too severe.
Domestic assault cases can be complex and require plenty of nuance. A criminal lawyer will first review the evidence against you and judge what the next steps should be. After this, they will help to identify any weaknesses in the Crown’s case and work out a strategy to exploit them.
The lawyer will then defend you in court, but their role can go well beyond this. If you choose to testify, they will prepare you for the likely questions you’ll face. They will also ensure your rights are protected throughout the whole process.
Along with this, an experienced lawyer can simply be a calming voice on your shoulder, able to answer any questions or queries you have. Not having a lawyer puts you at a significant disadvantage and can make the whole process a lot more stressful.
Related Article: https://www.agpllp.ca/tips-for-hiring-a-domestic-assault-lawyer/
What to Expect Before Trial
Before the trial begins, the Crown has to provide what’s called a disclosure. This is a copy of all the evidence they plan to use against you. Your lawyer will review this and will be able to make a judgment on how strong or weak the case appears to be.
Before the actual trial happens, you may have to attend court. These are often called “set dates” or “pre-trial conferences”. Here, the progress of the case can be discussed and the disclosure reviewed. On top of this, possible resolutions may be explored, such as a plea deal.
In the meantime, you’ll have to navigate your bail conditions. For example, you may have to arrange new living arrangements or avoid certain areas. Breaking these bail conditions is a crime in itself, so they must be followed. Any change to the bail conditions must go through the court.
Building Your Defence Strategy
Every case is unique, and therefore, your lawyer will analyze the specific circumstances and evidence to build a strategy. These cases often come down to an issue of credibility. The first port of call is often to analyze any inconsistencies in the complainant’s statement.
Following on from this, the defence will check:
- Whether any evidence contradicts the accuser’s version of events.
- Consider whether self-defence, accident, or lack of intent could apply.
- Identify possible witnesses who can support your version of events.
Along with these strategies, the defence can also raise other issues. These can include whether the complainant has a motive to lie or exaggerate allegations. This can be more common in cases where there are custody disputes or relationship breakdowns.
Related Article: https://www.agpllp.ca/top-5-defences-against-domestic-assault-charges-in-canada/
Preparing Yourself for Trial
There are some important steps to prepare yourself before a trial. A lawyer should go through these with you to ensure you know what to expect and how to act.
Dress Professionally – You want to make the right impression. Dress smartly and respectfully. It shouldn’t technically happen, but your appearance and demeanour are always going to affect people’s perception of you.
Practice Testifying – You don’t have to testify, but it can often help your case. Practicing questions and cross-examinations gives you a better chance to clearly communicate your version of events. It can also help you to avoid getting flustered and forgetting what you should say.
Stay Organized – You will be given copies of documents, court notices and any other relevant evidence. Keep all copies of anything in one place, and make sure any dates are put into your calendar.
Manage Emotions – You are likely to get upset, angry, and frustrated. While these are natural emotions, you need to stay composed in the courtroom. By preparing mentally, you can ensure these emotions don’t make you act out or say anything inappropriate.
Frequently Asked Questions
- What is considered a domestic assault in Canada?
Domestic assault is not a separate charge in the Criminal Code. Instead, it is treated as a regular assault charge that occurs in the context of a domestic or intimate relationship. Courts often view these cases as more serious due to the ongoing risks and higher moral blameworthiness involved. - What happens at a first court appearance for domestic assault?
At the first court appearance, you will not have a trial. Instead, it is typically an administrative date where charges are read, disclosure (evidence from the Crown) is provided, and bail conditions may be discussed. Your lawyer will guide you through this process. - Can domestic assault charges be dropped in Canada?
Only the Crown prosecutor has the authority to drop charges. Even if the complainant wants the case withdrawn, the Crown will review the evidence and decide whether it is in the public interest to proceed with the case. - What are the possible penalties for a domestic assault conviction?
Penalties vary depending on the seriousness of the allegations and whether it is a summary or an indictable offence. They may include fines, probation, mandatory counselling, or imprisonment. A conviction also results in a permanent criminal record, which can affect employment, travel, and custody matters. - How long does a domestic assault trial take in Canada?
The timeline varies depending on the complexity of the case, the court’s schedule, and whether you resolve the matter early (e.g., through a plea deal) or proceed to a full trial. Trials can take months to over a year from the first appearance to resolution.
Final Thoughts
It’s important to prepare for a trial in the right way. The first step is getting a lawyer as soon as possible. They will be able to guide you through the nuances of the case and what the next steps need to be. Added to this, you will also need some personal discipline and emotional resilience.
The crucial point is to never do anything that may jeopardize your case. If you require an experienced criminal defence lawyer, contact AGP LLP today. We will be happy to offer you a free consultation to see how we can advocate on your behalf.
