Toronto ON Canada Criminal Domestic Charges Lawyer Video

 [GRAPHIC: Neuberger Rose LLP, Toronto Criminal Defense Lawyers, Domestic Related Charges] David Rose: Welcome to Neuberger Rose Online. I’m David Rose and I’m here with my partners, Stacey Nichols and Joe Neuberger and we’re here to talk about domestic related offences. Joe, what’s the difference between domestic related offence or any other type of criminal offence? Joseph Neuberger: In Canada there is a category of offences which are domestic related. So any assault which occurs within the context of a relationship between two parties, it could be a husband and wife; it could be any familiar contact. So if it’s a sibling, an aunt, an uncle, a parent, anything where there is a relationship of trust where they are co-habitating together could be a domestic related offence. And so, in circumstances like that, any allegation of assault or any allegation of a threatening or any other type of behavior like that will be labeled domestic and it has a whole different set of rules to apply to it. David Rose: Stacey, if someone’s charged with a domestic related offence, can they expect a different treatment in court? Stacey Nichols: Absolutely, there are special teams of crown attorneys within the crown attorney’s office that are devoted especially to domestic related offences and that’s all they work on. And there’s also special courts that have been put in place to deal specifically with domestic issues. So, it’s a very specialized area, probably because of the predominance of domestic related charges in the criminal law. David Rose: Well, Joe, if someone’s charged with a domestic related offence, can they expect to get in the house easily? Joseph Neuberger: Well, it’s very difficult and there’s usually two types of categories. There’s the one where the spouse calls the police and they sort of want a time out and they never thought that this would occur, that their spouse would be charged and they’d be brought in for bail hearing and their whole lives would be upside down. And in those cases, there may be a genuine effort to reconcile, but it’s extremely difficult to get back in because the whole separation occurred on some domestic discord and the police have separated them and so have the courts. So it’s difficult, needs consent to the crown, and a lot of those cases so it has to be worked out through some form of resolution. There’s the other cases where there’s really a breakdown in the relationship and this may – a charge may arise during a course of the two people living together, but separated. And it could be because something occurred or because one party wants to gain an advantage in the family court preceding and lays the charge. And in those instances, the person who’s charged, they’re out of their home, their life is upside down, their children are there and want to get back in. But, it’s exceptionally difficult, if not unadvisable, to even seek a return to the house in those circumstances. David Rose: Well, Stacey, if someone appears in a domestic related court as we’ve discussed, what type of thing will they expect in court? Stacey Nichols: Well, usually on the first appearance if you’re charged with a domestic related offence, you can expect to go in and have what’s called a domestic information session, and it’s usually led by one of the crown attorneys who specialize in this area. And they outline to you the different routes that you can take if you’re charged with a domestic offence One of the most popular routes to take is what’s called an early intervention program. This is available to people who aren’t charged with particularly serious domestic related offences. They can enter into what’s called the PARS Counseling Program, which is about 16 sessions and it deals with domestic related issues. If they successfully complete that, the person charged can received a conditional discharge. David Rose: But they’d have to plead guilty? Stacey Nichols: They’d have to plead guilty, exactly. Joseph Neuberger: And they wind up with some form of record. Even a guilty plea is a criminal record and it has broad ranging implications. David Rose: So Joe, if someone doesn’t want to plead guilty and they want to have a trial, what are the things that you’re looking for as a criminal lawyer? Joseph Neuberger: Well as criminal lawyer you have to know where to look for information which is important in defending the case. And I think what has to be considered is people who are charged with these offenses and sometimes they’re looking for a quick result, don’t understand the implications. Even the diversion program that Stacey was speaking about, it’s really diversion because they wind up with some finding of guilt. And it’s very important to understand what that finding of guilt can have by way of implication and other proceedings, certainly like a family court proceeding. Because what happens frequently in these types of cases is where there’s a real dispute between the parties, one of the spouses is trying to use this as leverage in the family court case. And so, false allegations and fabrications run rampant in these types of instances and a defense lawyer needs to know where to look. They need to work with the family law lawyer and they should be – you need a lawyer who’s specialized and understands how to cross examine and get at these types of allegation, and they have to know where to look to find the information necessary to prove their client’s innocence. David Rose: Thank you. We’ve been discussing domestic related offences here at Neuberger Rose Online. If you have a question about this topic of offence or any other type of criminal inquiry, please visit use at our website, www.nrlawyers.com. Thank you. [End of Audio]