Domestic violence is a severe charge in Canada, and it has the potential to derail your life and ruin your future. So, it’s recommended that you seek the guidance of an experienced Vancouver criminal lawyer if you are facing these charges.
What Constitutes Domestic Violence?
Domestic violence ─ also called intimate partner violence ─ is a physical or sexual assault, or a threat of an assault occurring, against an intimate partner. An intimate partner may be a current or former spouse, common-law, or dating partner.
Types of Domestic Violence Offences
While there isn’t a specific section for domestic violence under the Criminal Code, the Department of Justice classifies most family violence acts as crimes and uses other sections to prosecute.
Physical Assault
According to Statistique Canada, physical assault is the most common form of domestic violence, with 253 victims per 100,000 population in 2022. Physical assault includes unwanted contact such as pushing, hitting, kicking, etc.
Sexual Assault
Non-consensual sexual actions are sexual assaults. This includes rape, touching without consent, and continuing sexual contact after consent withdrawal. Sexual assault also involves coercing or attempting to coerce sexual contact.
Kidnapping or Forcible Confinement
Kidnapping or forcible confinement involves the unlawful restriction of an intimate partner’s freedom. It often serves as a manipulation and domination tactic which leaves the victim physically and psychologically traumatized. In many cases, this type of domestic violence is accompanied by another charge, such as sexual or physical assault.
Harassment
Harassment may include stalking, damaging a partner’s property, or uttering threats to cause them to fear for their safety. This also applies to the partner’s loved ones and pets.
Consequences of Domestic Violence Charges
Domestic violence charges carry far-reaching consequences on your life. These consequences extend beyond immediate legal ramifications. Here are some ways domestic violence could affect your life:
Criminal Record: The most obvious consequence of being charged with domestic violence is you’ll have a criminal record which could affect future employment opportunities, travel, and access to housing.
Jail Time: Given the severity of your case, you could face jail time ranging from a few months to several years.
Fines: In some cases, the court may include significant fines as part of your sentence. If the court decides you are guilty on summary conviction, you could pay up to $5,000 in restitution to the alleged victim.
Probation: If the courts decide to forego jail time in your case, you could face probation. With probation, you must meet certain conditions as outlined by the court.
How a Vancouver Criminal Lawyer Can Provide Legal Support
Navigating a domestic violence case on your own is not the best decision. Instead, you should contact an experienced Vancouver criminal lawyer to guide you.
A criminal lawyer can advise of your rights throughout the process. They help to secure the best possible outcome for you by examining the prosecution’s case, identifying weaknesses, and building a strategy tailored to your unique situation. A criminal lawyer can also negotiate with the prosecution on your behalf to potentially reduce charges or secure more lenient sentencing.
Do You Need Help Navigating Domestic Violence Charges? Tom Doust Is Here to Help!
With 25 years of criminal law experience, Tom Doust has a proven track record of protecting your rights and securing the best outcome for your case. As a seasoned criminal lawyer, he understands the complexities of domestic violence and the consequences that accompany those charges.
Don’t face domestic violence charges alone, contact Tom Doust: Vancouver Criminal Lawyer, and take the first step to securing your freedom. Call (604) 618-7994 or complete a contact form to schedule a consultation today!
