What are the Consequences of Domestic Violence Charges in Ottawa?

Domestic violence charges have the potential to greatly disrupt the lives of the accused, with a lengthy prison term and permanent criminal record possible.

The penalties for domestic violence are often more severe than for simple assault in a non-domestic setting. Furthermore, domestic assault charges won’t necessarily be dropped if the alleged victim withdraws the complaint with the police. 

Let’s take a closer look at domestic violence and the potential consequences of charges being filed…

What is domestic violence?

Under Canadian law, there is no specific charge of “domestic violence”, “family violence” or “domestic assault”.

Assaults against members of the same household may be referred to as “domestic violence” but the Criminal Code does not include a separate section on this. Rather, several different provisions of the Code deal with offences that, if committed in a domestic setting, are classed as domestic assault.

Most cases of domestic violence involve violence or threatening behaviour between individuals in an intimate relationship with each other. These individuals might be married or divorced couples, current or former dating partners, common-law partners or other family members (including children).

Domestic assault need not involve physical injury or even physical contact for criminal charges to be filed in Ottawa. The misconduct can be physical, psychological, emotional or even financial. Most often, it manifests itself as:

• Verbal abuse or threats, including intimidation or mental torment 
• Physical violence, where there is physical contact between the individuals
• Gestures or actions implying harm, even if the threat is not carried out
• Threatening language or behavior

Penalties for a domestic violence conviction

The consequences of a domestic violence conviction in Ottawa range from probation and fines to lengthy prison terms. 

First-time domestic violence offenders are less likely to face the most severe consequences of a conviction than repeat offenders unless the incident was particularly serious.  

If convicted, however, the following types of immediate and longer-term penalties are possible:

Restraining orders

After a violent or threatening domestic incident, one of the first consequences faced by the accused could be an emergency protection order, prohibiting contact with the accused. Sometimes, this includes no contact with his/her children.

If an ongoing threat exists to a family member or other intimate partner, the court may issue further no-contact orders after the conviction is handed down. Essentially, no-contact orders can be put in place at any stage of the criminal justice process, from the point at which charges are laid until completion of the sentence.

A permanent criminal record

Criminal records last for life in Canada. A conviction will be visible to anyone authorized to perform a background check, which can cause complications with employment, housing, education, travel, immigration status, and more.

Potential incarceration

Depending on the nature and circumstances of the offence, a period of incarceration may be imposed—the length of which would greatly depend on the severity of the incident and the criminal history of the offender.

Up to two years’ incarceration is the penalty for a summary conviction. For an indictable offence, five years of incarceration is possible. For aggravated domestic violence, up to 14 years imprisonment is the sentence and if the accused has a previous conviction relating to intimate partner violence, life imprisonment may result.

With seasoned legal representation and an otherwise clean criminal record, jail time can normally be prevented for relatively minor offences.

Probation

Probation is a sentence commonly imposed by Ottawa judges in domestic violence cases, sometimes preventing the need for an offender to serve a jail sentence.

Probation requires regular monitoring and a set of conditions to be followed or the threat of jail time still exists. These conditions often include counselling, therapy, and treatment for offenders.

Court-ordered counselling or treatment

As part of a sentence for a domestic violence conviction in Ottawa, a judge may order the offender to attend counselling or receive treatment for the underlying cause of the misconduct. 

Good examples are anger management, alcohol abuse, and substance abuse programs.

Fines

A person convicted of domestic assault in Ottawa could be ordered by a judge to pay fines, including court costs and restitution to cover the victim’s suffering and damages.

Surrender of firearms

Any individual convicted of domestic assault in Ottawa is prohibited from owning or possessing any type of firearm and must surrender any such items.

What are the possible defences for domestic violence charges?

Hiring skilled legal representation increases the chances of avoiding a conviction, criminal record, and the other serious consequences of domestic violence charges already outlined.

Domestic violence accusations are taken very seriously by law enforcement and legal action is likely to follow if a credible complaint is made. However, some cases are unfounded, false allegations can be made, and other cases are mishandled by law enforcement.

Even if the complainant has a change of heart and wishes to withdraw the complaint—for instance, against an intimate partner—the Crown Prosecution may still pursue charges if it is deemed to be in the public interest to do so. Charges are rarely dismissed lightly in such cases because of the court’s duty to protect the well-being and safety of the complainant.

Defences in domestic violence cases usually centre around the following arguments:

• Lack of credibility of the complainant’s story, when compared with witness testimony, phone records, video evidence, etc.
• False accusation made due to anger, jealousy or another reason. 
• Self-defence—but only if reasonable and proportional force was used to protect an individual, family member or property in response to provocation or threat.
• Violation of the defendant’s Charter rights by law enforcement during the investigation, which can lead to evidence being excluded and the case being dismissed.

Contact David Anber’s Law Office Today

If you’re accused of domestic violence in Ottawa, the sooner you speak with a qualified domestic assault lawyer the better.

At David Anber’s Law Office, our lawyers have considerable experience in defending domestic violence cases. To schedule a free consultation to speak with one of our skilled domestic violence lawyers, call us toll-free at 1-888-989-3946 or contact us online.