Domestic Violence in Ontario
It all begins with an idea.
Mandatory Charging Policy
“Mandatory charging” means that police officers in Ontario have to lay criminal charges in domestic violence cases if they have reasonable reasons to believe that violence/abuse has taken place. When police arrive at the scene, they are supposed to separate the people who are fighting, make sure any children are safe, gather evidence and interview each person separately to find out what happened. The police should take into consideration any history of violence or abuse, whether a protection order has been breached, any history of drug or alcohol abuse, use of weapons or guns etc. If there is evidence that violence/abuse took place, the police are supposed to charge the “dominant aggressor” (the person who was mainly responsible for the violence).
Impact on the family
When a spouse calls the police, it can set off a chain reaction: the husband may be removed from the home, unable to see his wife and children, and prohibited from any contact. This not only creates emotional turmoil but can also lead to financial hardship if he loses his job. The wife, despite being the complainant, may also suffer from the fallout of her decision.
A conviction can have dire immigration consequences, potentially resulting in deportation and tearing the family apart. Additionally, if Child Aid Society become involved, the family faces the added burden of navigating both criminal and CAS proceedings, which can be overwhelming and costly.
The communication ban imposed due to criminal charges can complicate custody and visitation arrangements, extending the duration and expenses of any family legal proceedings.
You Need a Lawyer
If you are facing domestic violence charges, it's crucial to act quickly. The situation can escalate rapidly, leading to significant consequences not only for the accused but for the entire family.
Don't wait until it's too late. If you are charged with a domestic violence offence, contact our lawyer immediately. We are here to protect your rights and help you navigate this challenging situation, ensuring that your family’s future is safeguarded. Reach out to us today for a consultation.