Domestic violence is a serious offence in Canada. Such misconduct not only poses a threat to the victim but leaves a profound impact on the wider community. To combat this issue, Canadian legislation explicitly highlights a zero tolerance policy towards domestic violence. Penalties for domestic violence are enforced based on the severity of the act.
If you are confronted with allegations of spousal assault, your most effective recourse is to engage the assistance of a seasoned and highly regarded criminal lawyer who can expertly defend your case.
Below, we’ll provide a comprehensive definition of domestic violence and thoroughly examine the far-reaching consequences that can accompany a conviction.
What Is Domestic Violence?
Domestic violence refers to brutal physical, sexual, emotional or financial abuse that takes place in a familial home or an intimate relationship between spouses, partners or relatives. This type of violence is inflicted to gain power and control over another through fear, coercion and manipulation.
The Repercussions of Domestic Violence Charges
Domestic violence charges carry significant legal, economic and social consequences. These consequences are in place to hold individuals accountable for their actions, protect the well-being of those affected and to act as a deterrent to future violence. The repercussions of being charged with spousal assault are as follows:
Legal Consequences
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Criminal Record:
A conviction for domestic violence results in a permanent criminal record, which can have far-reaching implications. It can hinder employment prospects, restrict travel opportunities and impact eligibility for certain licenses or positions requiring background checks.
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Protection Orders:
The court may issue protective orders, commonly known as restraining orders, to safeguard the victim’s well-being. These orders prohibit the offender from contacting or approaching the victim, their residence or workplace. Breaching such orders can lead to additional charges and penalties.
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Criminal Penalties:
The severity of domestic violence charges determines the corresponding penalties. The Criminal Code of Canada stipulates various degrees of assault, ranging from assault causing bodily harm to aggravated assault. Offenders can face up to five years imprisonment, fines, probation, mandatory counseling or therapy – or a combination of these punishments, depending on the circumstances.
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Prosecution Without Consent:
Domestic assault is taken so seriously that, if charges are filed against an offender, the Canadian Criminal Justice system possesses the legal authority to pursue the case regardless of the complainant’s wish to withdraw the charges.
Economic Consequences
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Financial Instability:
Domestic violence charges can result in economic instability for both victim and perpetrator. The victim may experience loss of income due to physical injuries, emotional trauma or the need to relocate for safety. The accused may face job loss, difficulty securing employment or increased financial burdens due to legal expenses and fines.
Social Consequences
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Stigma and Social Isolation:
Convictions – and even allegations of domestic violence – can lead to social stigma and isolation. Friends, family and community members may distance themselves from the offender, significantly impacting personal relationships and support networks
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Impact on Child Custody and Visitation:
Domestic violence charges can significantly impact child custody and visitation arrangements. Family courts prioritize children’s safety and well-being. Thus, evidence of domestic violence can affect parental rights and access to children.
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Loss of Reputation:
Being associated with domestic violence charges can damage an individual’s reputation and erode trust within personal and professional spheres. That can have long-lasting effects on personal and career prospects, causing reputational damage.
Criminal Lawyer in Vancouver
Domestic violence is a serious offence, and a criminal lawyer can help you manage the complexities of your case. Tom Doust is an expert Vancouver criminal lawyer with over 20 years of experience. He will clearly explain your options, protect your rights and build a strong defence strategy tailored to your unique case.
Contact the office of Tom Doust today at 604-618-7994 or complete our contact form to set up a free consultation.
