Domestic Assault Charges

R. v. M.F. (Ontario Court of Justice) - Toronto
Charges: (Domestic) Assault Causing Bodily Harm, Allegations: Girlfriend alleged that in the course of an argument, accused threw a chair at her and broke her knee cap.  Medical reports corroborated the injury but the judge was left in a reasonable doubt about her truthfulness about how the injury occurred and her testimony in general. 
Results: Acquitted after a highly contested multi-day trial.

R. v. M.M. (Ontario Court of Justice) - Newmarket & Bradford
Charges: (Domestic) Assault, Assault Causing Bodily Harm, Failing to Comply with a Recognizance,

Allegations: During the course of an argument where the accused insisted on being taken to the hospital, the complainant alleged that he struck her and caused injuries.  Some time after being released on bail, the complainant further alleged that the accused contacted her in violation of his bail conditions to abstain from communicating with her.
Results: After a contested trial in Bradford, Ontario. Mr. M. was acquitted of the domestic assault allegations.  On an earlier occasion, the charges of failing to comply with a recognizance were withdrawn on the day of trial.

R. v. K.F. (Ontario Court of Justice) - Toronto
Charges: (Domestic) Assault, Assault with a Weapon, Assault Causing Bodily Harm, Possession of a Weapon for a Purpose Dangerous to the Public Peace, Uttering Threats to Cause Death
Allegations: Woman was alleged to have got in a violent fight with her boyfriend that involved biting and injuries as a result, holding a knife up to his chest and threatening to kill him, and then throwing the knife at his back when he attempted to flee.
Results: Acquitted on all counts

R. v. J.Y: (North York, Toronto): Domestic Assault, Threats, etc. Allegations that accused and girlfriend got into a heated argument while driving. Client alleged to have assaulted complainant after she destroyed his vehicle. Injuries sustained to both parties adn photographed by police. Contested trial: Not Guilty.  

R. v. D. S-H.: (Old City Hall): Domestic Assault. Allegations that woman went over to boyfriend's home in the morning to bring him food and upon arrival discovers him in bed with another woman. A confrontation occurs between the two individuals and the female accused was alleged to have brandished a knife, threw a pie, and assaulted him with a shovel. Complainant attended hospital to have his injuries treated. Result: All charges withdrawn.

R. v. L.R. (Toronto 1000 Finch Ave W.) Allegations of domestic assault, assault with a weapon, possession of weapon for a purpose dangerous tot he public peace, and threatening charges against spouse where accused is said to have threatened complainant with knife. Contested trial commenced. Result: Acquitted (not guilty) on all charges.

R. v. A.I.. (Ontario Court of Justice), College Park - Toronto
Charges: (Domestic) Assault, Threats
Allegations: Accused alleged to have threatened and assaulted spouse.  Accused is professional who could not end up with any sort of criminal record. 
Results: Application brought on his behalf to stay charges for constitutional violations for delay.  In the face of this application, Crown withdraws case and all charges withdrawn.

R. v. J.S. (Toronto - Old City Hall) Charges: Domestic Assault. Allegations: Woman alleged to have threatened partner with knife after it was believed he was cheating on her.  Complainant was chased around apartment until police arrived.
Result: Charges withdrawn.

R. v. S.U. (Ontario Court of Justice) - Toronto College Park
Charges: (Domestic) Assault
Allegations: Accused alleged to have thrown plate of food on wife after argument in the presence of his mother.  .
Results: Bail amended to return home.  All charges withdrawn

R. v. K.P. (Ontario Court of Justice)
Charges: (Domestic) Assault With a Weapon, Assault Causing Bodily Harm
Allegations: Husband alleged to have hit wife in the shoulder with a rolling pin.  Complainant attends police station and reports incident.  Police take photographs of injuries and a video statement under oath.  Complainant testifies at trial that assault occurred in the fashion described to police.
Results: Acquitted on all counts. After cross-examination, Crown concedes that it would be unsafe to rely on her testimony.  Charges dismissed.  Client did not testify.

R. v. A.G. (Scarborough). Domestic assault allegations laid as a private complaint. Complainant counter charged A.G. after she called police and laying multiple charges. Result: All Charges withdrawn

R. v. R.B. (Ontario Court of Justice) - Toronto
Charges: (Domestic) Assault With a Weapon, Assault, Uttering Death Threats
Allegations: While moving out of the family residence, Mr. B was alleged to have held a knife to the throat of his common law spouse in front of their young daughter.   Police were called and Mr. B was arrested shortly thereafter.
Result: After waiting over 14 months to come to trial, an application was brought forward to stay the proceedings on the basis that Mr. B's constitutional right to a trial within a reasonable time was breached. 
Application granted: charges stayed.

R. v. I.T. (Ontario Court of Justice)
Charges: Aggravated Assault (Domestic)
Allegations: Boyfriend assaults girlfriend and girlfriend loses one of her teeth as a result.
Result:  Charges withdrawn - section 810 peace bond entered into.

R. v. A.A. (Ontario Court of Justice)
Charges: Uttering Death Threats (Domestic)
Allegations: Death threats made to spouse over the telephone and in person.  Other threats made to family members of the spouse.
Result: Charges stayed - Constitutional Argument raised and judge stayed charges pursuant to s.11(b) of the Charter of Rights and Freedoms.

R. v. D.A. (Ontario Court of Justice)
Charges: Assault (Domestic)
Allegations: Assault upon girlfriend.
Result: Charges withdrawn.

R. v. D.M.. (Ontario Court of Justice)
Charges: Assault (Domestic)
Allegations: Boyfriend assaulted girlfriend.
Result:  Charges withdrawn - section 810 peace bond entered into.

R. v. T.A.. (Ontario Court of Justice)
Charges: Assault (Domestic)
Allegations: Husband accused of assaulting and choking wife.
Result:  Charges withdrawn - section 810 peace bond entered into.

R. v. G.G. (Ontario Court of Justice)
Charges: Assault (Domestic)
Allegations: Boyfriend assaulted girlfriend.
Result:  Not Guilty on All Counts

In Ontario, domestic assaults are among the most common allegations that come before the Courts.

Crown policies mandate a serious and aggressive approach to spousal abuse, or “domestic assault” allegations. A “domestic relationship” can mean conflicts between people in a girlfriend and boyfriend relationship, a wife or husband, common-law partners, same-sex partnership, children, parents, and even relatives.

Once the Crown considers the case to be of “domestic” nature, the degree of seriousness and zeal that the Crown will approach the case will be heightened. This can mean a greater difficulty in obtaining bail, an inability to return home, and many other conditions of release that are often reserved for the most serious of offenders. The philosophy behind this approach is a concern that people who are abused by their domestic partner will return and inflict greater violence upon them. Although an obvious concern in some rarer cases, the Crown will consider all domestic allegations as being a possible worse-case scenario where further violence is inevitable.

You will need legal representation to deal with these difficulties effectively and you should call a lawyer immediately.

Another misconception in domestic allegations, is that the “victim” (often referred to as the “complainant”) decides whether to proceed with the charges. This is false: it is the Crown and police who decide whether the charges will continue or not. The Crown will not withdraw the case simply because it is against the wishes of the “victim”.

Another reason to retain experienced counsel in this area is to understand the various options that the Crown itself my put to you. More specifically, you may be eligible for a domestic assault program called "PARS" or "Early Intervention". However, the terms and consequences of the nature, consequences, and long term benefits and pitfalls of these programs are often misunderstood by accused people. Before immediately accepting the Crown's offer to enrol in such programs by entering a plea of guilt, you should speak to a lawyer to appreciate the effects of the guilty plea you must enter to be eligible.

My first priority in domestic assault cases is making my best efforts in restoring things to the way before that call was made to the police by changing bail conditions, speaking to the Crown to see if they are willing to consider a withdrawal of the charges, or working on an agreeable resolution if you choose to accept responsibility for what happened.

Call me anytime to discuss these options at (416) 220-0413.