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 heightened public attention, especially with the increased focus on this type of crime in recent media reports. As we discussed in a recent post, domestic violence is certainly a serious problem in Toronto and throughout Canada. Nonetheless, every allegation of domestic assault must be carefully analyzed to protect against false allegations and overcharging.
If police are called to a residence because of an allegation of domestic abuse, then someone is likely to be arrested, even if there is little or no evidence of wrongdoing. In some cases, both parties involved in the dispute are taken to jail.
Domestic violence and harassment charges arise from a variety of situations. Often the parties involved are going through the breakdown of their relationship. Emotions can spiral out of control, and this can lead people to do things they wouldn't otherwise do.
For accused individuals with families, the stakes may be especially high in a domestic violence case. Even if a charge is ultimately dropped, the arrest itself can have a negative impact on matters such as child custody and access.
If you are facing any sort of domestic charge, then it is important to understand your legal options as soon as possible.
At Neuberger & Partners LLP, we represent people who have been accused of domestic abuse. You can learn more about these matters at our main website.