Domestic Assault Lawyers in Toronto

If you have to defend against domestic assault charges in Toronto, you need more than just legal knowledge; you need action. You also need to understand your options. At Pyzer Criminal Lawyers, we put our years of experience to work for you. Our deep understanding of the law means we can quickly analyse your domestic violence case and build a custom-made defence to get you the best possible outcome against the criminal charge.

False Accusation

False domestic assault charges can occur when allegations do not align with the facts, and substantial evidence supports the accused’s innocence. Common scenarios include mistaken identity, verifiable alibis, or digital communication, such as texts or social media posts, that contradict the claims. Successfully defending against false accusations requires a thorough collection and presentation of evidence, highlighting inconsistencies in the accuser’s story or a lack of supporting proof in the criminal case. An experienced lawyer can identify these weaknesses, challenge the credibility of the false complaint, establish reasonable doubt, and build a strong defence to influence the case’s outcome.

Self-Defence, or Defence of a Family Member

Canadian law allows for self-defence or the defence of a family member in domestic assault cases when the accused acted to protect themselves or a relative, like a domestic partner, from imminent harm. This defence is particularly relevant when the alleged victim initiated violence or has a history of aggression. To be effective, it must be proven that the force used was necessary, reasonable, and proportionate to the threat, without exceeding what was required to prevent further harm.

Unintentional/Accidental Harm

A defence of unintentional harm applies in domestic assault cases where physical contact was accidental, not deliberate. In some cases, consent may be relevant if both parties voluntarily engaged in physical contact, but the court must determine whether the incident was truly accidental or intentional.

This defence argues that contact occurred without intent to harm, such as during a reflexive action, an accidental bump, or while preventing danger. To support this claim, clear evidence like witness testimonies, video footage, or expert analysis must show that the incident was accidental and not intentional aggression.

Procedural or Investigative Errors

A defence strategy may focus on procedural or investigative errors in handling domestic assault allegations, such as law enforcement failing to follow protocols, exhibiting bias, or mishandling evidence. These errors can weaken the case against the accused. A thorough review of the investigation process, including evidence collection, preservation, and adherence to the accused’s rights, can reveal significant flaws. If such errors are proven, they may cast doubt on the validity of the prosecution’s case.

Peace Bonds in Domestic Assault Cases

In some domestic assault cases, a peace bond may be an option to resolve the matter without a criminal conviction. A peace bond is a court order requiring the accused to follow certain conditions such as having no contact with the complainant, staying away from a specific location, or attending counselling for up to 12 months.

If the accused agrees to a peace bond, the domestic assault charges are usually withdrawn, meaning no criminal record. This can be a favourable resolution, especially when there is weak evidence, a complainant unwilling to testify, or a low risk of reoffending. Our legal team at Pyzer Criminal Lawyers can negotiate a peace bond as part of your defence strategy, helping you avoid the long-term consequences of a conviction.