Domestic Assault – Defence Strategy

 

Defending a Domestic Assault Charge

 

Facing a domestic assault charge is different than facing any other type of criminal charge.  Along with having to defend yourself against a domestic assault charge you also have to deal an additional dynamic – the family relationship.  It is this added dynamic that distinguishes the experience of facing a domestic assault charge from all other charges.  The family dynamic may add one or more of the following factors, which must be taken into consideration by your lawyer in the handling of your case:

  • A desire to re-unite with your family as soon as possible
  • An inability to see your children regularly
  • Difficulty in continuing to live outside your home for an extended period of time
  • The use of the outstanding criminal charge against you in family court proceedings by an angry former spouse or partner
  • Bail conditions that are causing hardship
  • The gradual disintegration of your marriage or relationship
  • Family pressure to resolve the case as quickly as possible

Of course, there are others.

Therefore, in the defence of a domestic assault charge it is imperative that you sit down with your lawyer and discuss your ongoing concerns.  This will have an impact on how your case is defended.  Whether you and your lawyer are seeking a bail change or looking to work out a resolution or proceeding to trial, all of these objectives are best accomplished by formulating a plan before proceeding.  An effective plan can only be formulated if you and your lawyer have an understanding of the goals you wish to achieve.

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