Domestic Violence Lawyer Winnipeg
What is Domestic Violence?
Domestic violence charges are those where the offence involves a family member, or a current/former intimate partner. These kind of charges are viewed as more serious by the Crown and the Courts than the same criminal charges in a non-domestic context. When sentencing an offender the Court will consider the breach of trust between domestic partners as an aggravating factor.
Simply put, the Crown is more likely to ask for a jail and the Court is more likely to grant the Crown’s request.
Offences that may arise within a domestic relationship includes:
assault cause bodily harm
assault with a weapon
break and enter
unlawfully in dwelling house
Sometimes allegations of domestic violence arise in the context a separation or divorce. Some family litigants make false allegations as a way of gaining an advantage in family proceedings. This may have a lasting impact on how child custody and access are arranged in the future. Joshua Rogala will work with your family lawyer to ensure your rights are not only protected in the criminal court, but the family court as well.
Bail Conditions When Charge with a Domestic Violence Offence
Those charged with a domestic violence offence will typically be placed on strict conditions. Often the conditions will affect your ability to have contact with the complainant, children and other family members. If you share a home with the complainant, you will not be likely able to return to your residence. These conditions are often in place even in cases where the complainant wishes to have contact with the accused.
These conditions can remain in place until the matter is resolved, which could take longer than a year. For all parties involved, this can causes significant emotional and financial strain.
When considering whether to impose or maintain a criminal no contact order, various factors, including the wishes of the complainant, must be considered. In order to maximize the complainant’s safety and the accused’s accountability, while minimizing the potential collateral consequences to the complainant, Crowns and judges consider the available information about the risk, the complainant’s wishes and motivations, and the possible negative consequences in order to best determine when to impose or maintain such order in the face of the complainant’s opposition.
In order to pursue having the no contact order varied to allow some form of contact or set aside, it’s important for the accused to engage with domestic violence related programming as quickly as possible. Completing these programs will all likely alleviate some of the concerns the Crown and Court have about allowing you to have contact with the complainant. The earlier you retain counsel, the sooner work can be done to reunite you with your loved ones.
Preparing Your Defence Against Domestic Violence Charges
Like with most criminal offences, it’s important to record your recollection and collect evidence as soon as possible. You can bet the police did. They at minimum took a written statements from those involved, and often record video interviews. They may have taken photographs of the complainant, and the scene, as well as collected physical evidence. You have to do the same. Write your memories to paper to allow you to refresh your mind of the event when you are finally in trial months afterwards. Collect photographs, emails, text messages and anything else that might be helpful to your case. All these documents will be useful for me when a prepare your defence and work towards having your charges dropped.
Related Domestic Violence Topics
- What are available orders the court will make in Manitoba to protect me from current or ex-spouse?
- What is self-defence?
- What are uttering threat charges?
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