Law

The Canadian Domestic Violence Case Process

Have you been accused of domestic abuse? What you can anticipate over the upcoming days, weeks, and months is described here. Make sure you opt for good legal representation to get legal assistance. 

Arrest

You will be brought into custody and questioned at a police station as the first step in the process. At this point, you get the right to consult with a lawyer.

  • You may select the attorney of your choice.
  • Or perhaps the responsible attorney. The Legal Services Society is compensating these attorneys. They support those who are detained but do not have a lawyer.

Police investigators may occasionally decide against obtaining testimony from the accused. Instead, in order to protect the accuser and the public, they discharge him or her with the stipulation that they will make an appearance in court.

Bail trial

You will be held in custody (i.e., in a police cell) pending the outcome of a bail hearing if the police determine that a promise to attend is not the best option for your release.

This should occur as quickly as feasible, typically the morning after your arrest or later that day. But on weekends or in the evenings, delays are possible. If you can adhere to specific conditions of release, a court will determine whether or not to give you bail, which occurs when you are freed from detention.

What transpires if bail is rejected in cases of domestic violence?

If there is an unacceptably continued risk to the accuser or the public, bail may not be granted. You will be detained until your case is over if bail is rejected.

Bail requirements

Bail is typically granted as long as you refrain from the following:

  • Inquire with the accuser 
  • Drive a predetermined distance from the complainant’s residence or workplace.
  • Talk to your kids
  • Go to a school that is close to where your kids attend
  • take in alcohol or narcotics
  • The imposed curfew should be broken.
  • Own a firearm
  • A recognizance is a legal document that outlines these terms.

Court appearances

You must choose whether to enter a guilty or not-guilty plea if the case goes forward and the lawyer cannot have the charges dropped.

If you admit guilt, a sentencing hearing will be held. The appropriate penalty will be determined by the judge based on the situation. You might receive a sentence of up to 10 years in prison in Canada.

If you enter a not-guilty plea, a judge or judge and jury will preside over your trial. The complaint must show up in person as a witness. However, occasionally, this occurs by video link.

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