Many people who feel they have been wrongfully accused of domestic assault understandably want to clear their name and fight the charge. In a domestic assault case, it’s natural for each party to feel angry and motivated to harm the other person.
A domestic assault case can last months. In addition, you may be pressured in that time to plead guilty without understanding your rights or why the case is being taken to trial. Hire a domestic assault lawyer who you can rely on and can properly advise you, including giving you realistic odds of your success at trial.
As difficult as it can be, remaining calm and acting responsibly is in your best interests. Here is what you can do when fighting a domestic assault case.
1. Consult with a Lawyer
If you are charged with domestic assault, contact a lawyer immediately and are experienced with these types of cases. They will be your ultimate resource in navigating the charges. A criminal lawyer can attend court with you. Plus, they will ensure your legal rights are respected at all points.
It’s not enough to just have a lawyer. Listen to them. Follow their advice to a tee. Depending on the charge and the evidence, the best result may not always be what you want it to be. However, a good lawyer will fight with judges and prosecutors for fair treatment, comfort you with open honesty, and empower you with clear information on your case.
Domestic assault cases are complex. The right domestic violence lawyer will help you achieve the best outcome under the circumstances.
2. Try to Remain Calm
Facing domestic assault charges is tough. For many people facing a case like this, it’s their first time being charged with anything. Many of them are young, with jobs, or can be newcomers to Canada. No matter your background, domestic assault is not something you want on your name. The best thing you can do is remain calm and ensure you hire a domestic assault lawyer who is knowledgeable, experienced, and ready to help.
3. Do Not Physically Resist Arrest
If the police want to arrest you, let them. Follow any directions the police have given you. Any fighting or yelling at them or towards your spouse is not recommended. Try to remain calm and helpful at all points without making any direct or indirect statements regarding the case.
4. Do Not Lie to the Police
You do not have to make any statement to the police. However, what you say to the police can be used against you. What you cannot do is lie to the police. If you do or have, it can be considered obstructing justice or obstructing a police officer, and you can be charged for it.
5. Keep All Paperwork Given
If you receive paperwork following an interrogation or have documents after you’ve been granted bail, keep everything. You want to provide this to your lawyer. This can be crucial to understanding your case and analyzing where you may have been treated unfairly or taken advantage of.
6. Your Phone Is Evidence
Think of all the dates, emails, texts, videos, social media posts, and correspondence on your phone. This is all evidence that may be used to help fight domestic assault charges. Messages and photos like this can recontextualize the accusations and claims. Keep all of this correspondence and analyze it with a lawyer who knows what you’re looking for. Take screenshots. Save everything.
7. Adhere To The No-Contact Order
In many cases, someone charged with domestic assault is arrested and released with conditions including a no-contact order. This order may restrict your communication, prohibiting in-person meetings, phone calls, emails, and texting. There may also be restrictions on seeing children if it’s believed they have been exposed to violence.
Do not breach a no-contact order under any circumstances. This can mean another criminal offence you will have to defend yourself against if you do.
8. You May Be Able to Get Charges Dropped
Yes, in some circumstances, you may be able to get domestic assault charges dropped. How it isn’t done, however, is by communicating with your partner and breaking the conditions of your bail.
Let’s say you have no prior record and are in the best possible spot to have these charges dropped, and you go ahead and contact your partner trying to talk things out. It makes things significantly worse. If you want to get your name cleared, talk to your lawyer and not to your partner.
9. Be Prepared for the Consequences
A lawyer can advise on the ramifications of a domestic assault conviction. A positive criminal record check can hinder job applications. There could be immigration issues or other consequences from a conviction, including reporting to probation and many conditions that must be adhered to, or you risk ending up in trouble again.
