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Category: domestic assault

When a youth is the one charged with domestic assault

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Wednesday March 18, 2015.

A criminal charge can not only have a negative impact on the individual charged; the arrest may also result in unforeseen consequences for the defendant's family, especially if the charge arises from a domestic dispute. Mental health resources, addiction counselling and support agencies are available to families who are having difficulties at home, but often these resources are not utilized or simply don't have the desired effect. In some cases,...
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Charged with domestic violence? Choose a defence lawyer with knowledge of family court proceedings

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Saturday March 07, 2015.

When a person is charged with domestic assault or criminal harassment, the stakes are high, even if the allegations are false. In these cases, police often have a policy of "arrest first, ask questions later," and people can find themselves unfairly accused or facing charges that simply don't fit the facts. Being accused of domestic violence can also have a serious impact on family court proceedings, as charges of domestic...
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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...
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Police in Ontario using new risk assessment in domestic incidents

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Tuesday January 06, 2015.

Individuals accused of domestic violence in Ontario often encounter obstacles to being released on bail. This can limit not only an accused individual's ability to move about freely while mounting a criminal defence; the terms of release on bail can also affect matters of child custody and access, as well as the accused person's right to return to the home where the domestic incident allegedly occurred. Police in Ontario have...
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Domestic violence calls down, charges up in Peel

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Sunday October 12, 2014.

In recent years, Peel Regional Police have taken a "zero tolerance" approach to domestic violence, and Ontario has a provincial "mandatory charge" policy that requires officers to lay a charge if it is reasonable to think that a domestic violence offence has occurred. Consequently, in Brampton and Mississauga, the number of domestic violence charges has risen in the last few years while the number of police calls for domestic violence...
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Allegations of domestic assault must be carefully analyzed

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Tuesday October 07, 2014.

When a person is accused of a violent crime, the general public tends to assume that the person is guilty before the case even goes to trial. However, every defendant has a legal right to challenge the evidence presented by the prosecution, and in many cases, an effective legal defence is able to have some or all of the charges dropped in the pre-trial phase. Domestic violence, in particular, draws...
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Sudbury program provides support to men accused of domestic abuse

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Monday August 25, 2014.

"We can't arrest our way out of a problem." Those are words from the Sudbury police chief, speaking about the problem of domestic assault. A number of support groups have teamed with police in Sudbury on a pilot program that is meant not only to offer services to victims of domestic violence, but also to individuals who have been charged with assault. So far, no other city in Ontario has...
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Domestic assault: The importance of pretrial investigation

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Thursday August 21, 2014.

In complex cases involving allegations of violent crime, a multidisciplinary approach to criminal defence is often necessary to protect the rights of the accused. For example, flaws in the prosecution's evidence may not be obvious without the help of specialists who work with the defence in the pre-trial phase. Depending on the individual case, such experts may include psychologists, forensic specialists and experts in technology. In sexual assault and domestic assault...
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Wilfrid Laurier study: police need to investigate arguments

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Tuesday September 24, 2013.

If police are called to deal with a domestic dispute in Waterloo, someone will probably be arrested. Although there may be limited or no evidence of a crime, police may still arrest someone in order to defuse a situation. Despite this harsh practice, a criminology professor from Wilfrid Laurier University has recently recommended that Ontario police do more to investigate domestic threats and other verbal disputes. According to the professor, police should...
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Ontario woman arrested for domestic assault released

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Friday August 02, 2013.

A 31-year-old woman from Wawa pleaded guilty to eight offences involving domestic violence toward the father of one of her children. Although the recommendation after her arrest for domestic assault was to receive a 90-day jail sentence, the judge allowed her to have a 75-day conditional sentence due to extenuating circumstances. The woman faced charges for dangerous driving, assault and breaching probation and other court orders. According to court documentation, the woman...
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