When charged with any crime, it can be confusing and stressful. Due to this, it’s easy to make mistakes. Domestic assault is a serious matter in Canada but it’s important to have a clear mind and avoid some key mistakes.
We’re going to look at those common errors here. This will prevent you from making the same domestic assault charge mistakes and give you clarity on the next steps you should take. Let’s take a look.
1. Violating Release Conditions
Following a domestic assault, it’s likely that you’ll be released on bail. However, it’s also highly likely your release will come with specific conditions such as no contact orders and staying away from the family home.
Even if well-meaning, such as trying to apologize, going against these conditions is a huge mistake. This includes if the complainant tries to make contact with you. Violating these conditions is a criminal offence in itself and can make it harder to defend the original charge.
There are times when you may need flexibility with these conditions, such as visiting children or retrieving personal belongings. However, these should be arranged through either the police or your lawyer.
Related Article: https://www.agpllp.ca/bail-conditions-for-domestic-assault-cases-in-canada/
2. Speaking to the Police Without a Lawyer
Never speak to the police without legal representation. There are multiple ways to defend against assault charges, but speaking to the police can compromise this. Your statements can and will be used against you in court.
If you’ve said something that you think you shouldn’t have, don’t try to amend it as you can end up digging a bigger hole for yourself. Exercise your right to remain silent and state that you won’t be answering any questions without a lawyer present.
Related Article: https://www.agpllp.ca/how-to-beat-an-assault-charge-in-canada/
3. Posting on Social Media About the Case
Many use social media to vent or try to defend themselves. If the local community or extended family has heard about the charge, you may wish to make your case online. This can backfire, and prosecutors can use these statements to cross-examine you at trial or as evidence of a lack of remorse or aggression.
Ensure you refrain from posting anything, and if tempted, take further steps, such as deleting your apps. Even if the complainant posts about it, don’t discuss the case online. Keep a low profile until the case can be heard in court.
4. Failing to Hire an Experienced Criminal Defence Lawyer
The biggest mistake is trying to represent yourself. Another mistake is hiring an inexperienced lawyer or one who hasn’t handled a lot of domestic assault cases. Even the simplest looking cases can become complex and you want to give yourself the best chance of success.
It’s understandable in a haze that someone may just choose the first lawyer they find. Instead, you should take a little time to check that the lawyers you want are highly rated and capable of tackling the nuances of a domestic assault case.
With a strong track record, an experienced assault lawyer may spot holes in the case where others may not. A lawyer should not only give you the strongest defence but also guide you through the process and handle all court procedures and paperwork.
5. Ignoring Court Dates or Legal Documents
After being charged with domestic assault, you’ll likely be required to attend court dates, hearings, and trial proceedings. These dates should be put in your calendar as missing them can lead to your arrest.
Even if your lawyer is representing you, missing court dates can harm your credibility or impact bail conditions. If you receive legal documents that you’re not sure of, make sure to speak to your lawyer for clarification.
6. Attempting to Influence the Complainant
Attempting to influence the complainant is a huge mistake. It’s natural to want to avoid a domestic conflict but this can seriously damage your case. Even if done indirectly, such as through a friend, this can be viewed as witness tampering.
If you think that certain pieces of information need to be communicated, this should be done through your lawyer. There are appropriate legal channels that should always be used. Not doing so will give the prosecution another chance to bolster their case.
7. Assuming the Case Will Be Dropped Automatically
You’re charged with domestic assault, but you don’t worry. It was just a misunderstanding and soon your partner or spouse will drop the case. You talk to the police, don’t pay attention to the details, and don’t even think about hiring a lawyer.
For the accused, this is not even a possibility. Once an arrest has been made, the case is in the hands of the Crown. Even if the complainant wants to drop charges, they can’t. This is seen as a way to protect them from harassment or intimidation.
You need to immediately take the charges seriously. Don’t assume anything and work with your lawyer to build a strong defense. It’s now you vs. the Crown and you need to appreciate the seriousness of the situation.
Related Article: https://www.agpllp.ca/what-happens-when-you-press-charges-for-domestic-abuse-in-canada/
Final Thoughts
Being accused of domestic assault is daunting with both the criminal and personal repercussions. Emotions are often highly charged, and this means the likelihood of making domestic assault charge mistakes is even greater. Your first port of call should always be speaking with a lawyer.
At AGP LLP, we have the experience of dealing with domestic assault cases. Contact us today and we’ll be happy to offer you a free consultation. We’ll ensure you avoid making these mistakes and put the building blocks in place for the strongest possible defence.
