Preparing a custom defence in domestic violence cases
On behalf of Neuberger & Partners LLP posted in Domestic Violence on Thursday January 08, 2015.
Recently we discussed a new method of risk assessment being used by Ontario police officers investigating domestic violence calls. The officers use 13 questions to determine whether the person accused of domestic violence is likely to re-offend, and depending on the factors in the case, the assessment could be used in court to oppose bail for the accused.
Generally, when police are called to the scene of a domestic incident, you can assume that an arrest is likely. Someone is probably going to jail, even if the evidence never leads to a conviction. What is certain is that anyone accused of a domestic violence crime will need effective legal representation to resolve the matter.
The criminal defence lawyers of Neuberger & Partners conduct extensive investigations to challenge the complainant’s claims. Each case is different, and it may be necessary to retain a private investigator to obtain defence evidence that could undermine the prosecution’s evidence. For example, such evidence might include prior communication between the parties to the dispute.
Additionally, our lawyers spend time preparing clients for cross-examination at trial. Having a clear understanding of the criminal justice process can help an accused individual provide appropriate and accurate testimony.
Whether you have been charged with criminal harassment, sexual assault, making threats, domestic assault or some other domestic offence, the stakes are high. The consequences of a conviction could include fines, jail time and a permanent record. Even an unsubstantiated allegation of domestic violence could have serious consequences in family court.
GTA residents with domestic violence concerns are encouraged to visit our Toronto domestic assault overview.