In Canada, any person charged with an offence is presumed innocent until proven guilty. While that may be true, the legal system takes steps to protect the public or specific individuals. This is why we have hearings where bail can either be denied or granted with specific conditions.
If you’re interested in a domestic assault case, it’s important to know what these bail conditions are likely to be. Here we’ll detail this while also looking at what happens if they are breached.
Related Article: https://www.agpllp.ca/what-is-a-bail-hearing-and-how-long-does-it-take/
Factors Considered in Granting Bail for Domestic Assault
There is a chance that bail will be denied altogether in a domestic assault case. The court will consider several factors before making its decision.
The Seriousness of the Offence – If the alleged assault included significant harm or a weapon, the likelihood of a denial of bail increases. Even if granted, it will usually come with strict conditions.
Criminal History – A history of violent behaviour will make the accused seen as more of a risk to public or individual safety. This would be especially true if there was past violent behaviour against the complainant.
Risk of Reoffending – Bail may be denied if the court feels the accused may harm or intimidate the complainant.
Strength of the Case – A bail hearing is not a trial, but evidence can be presented. While not a direct reason for refusing bail, the apparent strength of the case can be an influencing factor.
Ties to the Community – Having strong family connections, stable employment, and good standing in the community will make bail more likely and with more lenient conditions.
Common Bail Conditions for Domestic Assault Cases
There is a good chance bail will be granted, but it will likely be so with certain conditions. The severity and range of these conditions will be impacted by the factors that we looked at above. Here are the most common.
No Contact Order – This is where the accused will be prohibited from making any contact with the person, either directly or indirectly. This is a common bail condition and will include contact through third parties, via any technology, and in person.
No Go Order – As well as no contact, the accused may be barred from going to any location where the complainant is likely to be, such as their home and workplace.
No Possession of Weapons – Any weapons that the accused legally owns may need to be surrendered to the police.
No Alcohol or Drug Use – The accused can be barred from any such substance if the court feels it will reduce the risk of them reoffending. This condition would be even more likely if alcohol or drugs were involved in the alleged offence.
Curfew or Electronic Monitoring – A curfew may be proposed. This usually involved the accused needing to remain in their home at specific hours of the day, usually at night. An electronic tag may also be used, so the police have constant access to your location.
Residing at a Specific Address – A part of the agreement to the accused being released is they have to stay at a specific address, away from the complainant.
Reporting to Police – A regular check-in with the police may be required. This will be to ensure the accused hasn’t absconded and they are complying with their bail conditions.
Third-Party Surety – The court may appoint a surety, which is someone responsible for your behaviour. This is usually a family or friend who will not only be there to ensure bail conditions are followed but may also need to pledge a sum of money as a guarantee.
It’s important to note these are only the most common bail conditions. Depending on the specifics of the case, the court will use its discretion to impose any conditions they feel is necessary.
Consequences of Breaching Bail Conditions
Failing to comply with your bail conditions in Canada is an offence in itself which will come with its own punishments and possible added charges. In addition to this, it is likely the accused will be taken into custody and denied any further bail. Breaching bail conditions can also be an aggravating factor for sentencing.
Can Bail Conditions Be Changed or Removed?
Yes, bail conditions can be modified or removed and either the defence lawyer or prosecution can request. This needs to be done via a formal request to the court. First, the prosecutor would need to agree to this change and if they don’t, a court hearing may be required.
There would be a good reason for this change, such as the bail conditions restricting the accused’s ability to work. They would also need to show they have complied with current bail conditions and that their request is a reasonable one.
Related Article: https://www.agpllp.ca/do-you-need-a-lawyer-for-a-bail-hearing/
Impact on Family and Employment
Domestic assault often happens between two people living together, who may have children. Due to this, the accused may be forced to move out of their home, lose access to their children, and face possible employment difficulties.
The court can implement conditions to work around this. For example, if the accused needs to communicate with the complainant to discuss child custody, this can be arranged through legal channels so no direct communication is made.
Final Thoughts
Bail hearings and the conditions they impose can be complex. An experienced bail hearing lawyer can not only argue for the granting of bail but also work to make the bail conditions as lenient as possible.
Given the huge consequences involved, it’s important to have the best possible defence. If you require further legal help, contact AGP LLP today. We’ll be happy to work with you to ensure there is a fair and lawful resolution to your bail hearing.
