The word Domestic assault is not specifically contained in the Criminal Code of Canada. However, it is treated differently than regular assault by the police and the courts.
The modern term for domestic assault has been “intimate partner assault”. This includes relationships such as boyfriends and girlfriends, spouses or common-law partners, and other family members.
Domestic Assaults are treated seriously by police and the Brampton & Mississauga Courts as
1. Domestic Abuse is becoming a problem in Canada
2. It can negatively impact young children in the household
3. There is a higher risk of escalation of violence
The Crown prosecutor has the burden to prove the charges of domestic assault beyond a reasonable doubt, including:
1. The accused directly or indirectly applied force to the complainant without consent
2. It must also be shown that the force was intentional or through the use of words or actions or threatened to apply force …
Domestic abuse does not necessarily involve physical abuse, it can include other forms of actions such as a threat of assault, sexual abuse etc…
Often we defend domestic assault charges on the basis that
1. The assault didn’t occur – it’s fabricated
2. Consent (limited defence in domestic context)
3. Self-defence – the accused only applied force to protect himself or his property
Mr. Bhangal has been practising criminal law in the Brampton & Mississauga Courts for almost 30 years. He has represented hundreds of client’s charged with domestic assault.
