These can be difficult and emotionally charged situations. One issue that seems to come up again and again has to do with the seemingly ironclad police policy to release suspected offenders with mandatory conditions to have no contact with the complainant, and not to attend the matrimonial residence. Unfortunately, the lack of discretion in application of this policy leads to numerous instances where the parties are faced with having to make a special application to the Court just in order to communicate. This is often the first order of business for the defence lawyer in these cases; particularly where the couple wishes to attempt a reconciliation.
It is also worth noting that in many of these sorts of cases, it is possible to negotiate a resolution of the charges which allow the defendant to avoid a permanent criminal record, either by way of a common-law peace bond, or a conditional discharge, while also requiring the defendant to accept some responsibility for the incident.
Our lawyers are well familiar with this area of practice. Give us a call if you find yourself in an alleged domestic assault scenario. From time to time, we are retained to provide advice and direction by the complainant in such cases; we cannot, however, act for both the defendant and the complainant.