Domestic Violence Attorney in Montreal
It may be helpful to hire a domestic violence attorney in Montreal from Goldwater, Dubé if you have been accused of domestic violence. We can help you. Call us today!
Domestic Violence Lawyer
Domestic violence is any act of abuse perpetuated against a current or former spouse, common-law partner, or dating partner. Abuse doesn’t have to be physical or lead to injury. Domestic violence can also be psychological, sexual, or economic.
Therefore, the police may arrest you for domestic violence without physically touching the victim. If you face domestic abuse charges, it is essential to contact a criminal defence lawyer from Goldwater Dubé as soon as possible. Our domestic violence lawyers are available to start working on your case immediately. We can provide legal counsel and representation throughout the criminal process.
You are innocent until proven guilty, and you have rights! Your defence lawyer will advise on how best to handle the police interview and the other legal proceedings.
Domestic Violence Laws in Quebec
The Criminal Code of Canada does not define domestic violence as a particular offence. However, most of the acts of abuse that constitute domestic violence are punishable crimes, including:
- Threats (S. 264.1)
- Sexual assault (S.265)
- Assault causing bodily harm (S. 267)
- Criminal harassment, including stalking (S. 264)
- Aggravated assault (S. 268)
- Forcible confinement (S. 279 (2))
- Choking, suffocation and strangulation (S. 272)
What If a Complaint of Domestic Violence Is Made Against You?
Police officers may arrest you after a domestic violence complaint is made against you. They may also detain you if they determine you pose a danger to the plaintiff. After you are placed in custody, your bail hearing may be scheduled within a few hours. A skilled defence lawyer from Goldwater Dubé can advocate on your behalf and help you secure bail.
At your first court appearance, the judge may decide to release you on bail with an order to abide by certain conditions. They may impose these conditions of release if they deem it essential to the plaintiff’s safety. Some of the conditions may include:
- Stopping all communication with your partner and children
- Moving out of your family home for the duration of the proceedings
- Staying away from the plaintiff
It may be difficult to abide by these conditions, especially when children are involved. However, failure to follow these conditions may lead to re-arrest for a breach of conditions. You may be detained pending trial and face additional charges for the breach.
If you were arrested for domestic assault, you have the right to remain silent and speak to a lawyer. Our defence lawyer can defend your rights and argue for the bail conditions to be amended.
What Are the Penalties for Domestic Violence?
The circumstances surrounding your case will determine the severity of your penalty. The Crown prosecutor may prosecute the case as an indictment or summarily.
As an indictable offence, a domestic assault conviction can result in a sentence of five years imprisonment. If it involves aggravated assault, such as maiming the victim, it could result in up to fourteen years in prison.
Criminal charges for domestic violence also come with other consequences, such as:
- A criminal record
- Protective orders
- Fines
- Probation
Domestic violence is one of the most common grounds for divorce. If you are convicted of domestic violence, your spouse can file for divorce and request to have custody of the children.
Can Domestic Violence Charges Be Dropped?
Sometimes, alleged victims may decide to drop domestic assault charges in case of a false accusation or a reconciliation attempt. However, the Crown prosecutor may proceed with your case even if the victim decides to withdraw the charges.
Our domestic violence lawyer can use the victim’s lack of cooperation to persuade the Crown prosecutor to drop the domestic violence charges against you.
Are There Any Defences Against Domestic Violence Charges?
Goldwater Dubé lawyers understand the specific laws and procedures surrounding domestic violence cases to build an efficient defence strategy. Some of these defences include:
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Self-defence: This is one of the most common defences in domestic violence cases. Evidence that force was used against you or that you reasonably believed it would be used against you may suffice as a good defence. The judge may dismiss the case if you were only defending yourself or protecting your children.
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False accusations: Sometimes, the alleged victim may have lied or may be confusing you with someone else. Our attorneys will investigate the case and provide evidence of an alibi or that the victim is lying.
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Lack of proof: The burden of proof is on the Crown prosecutor to show that you are guilty of the offence. If there are any doubts about your guilt, the court may dismiss the case.
Why Should You Contact a Domestic Violence Lawyer?
Did a police officer question you about domestic violence? Then, it is important to contact a domestic violence lawyer immediately. Domestic violence cases are taken seriously in Montréal.
After a domestic violence accusation, you may be charged with a criminal offence. You may also lose time with your children if a judge issues a restraining order against you.
Our criminal lawyer is experienced in dealing with violence charges and protective order issues. We can examine your case to see whether any defences are available and advise you on the possible outcomes.
Our team can guide you throughout the court process. If possible, we can negotiate a lesser penalty with the Crown Prosecution.
Getting Help From a Montreal Domestic Violence Lawyer
Goldwater Dubé law firm has been a country leader for over three decades. Our family law attorneys are skilled, experienced, and passionate about defending your rights in a fair legal process and outcome. From arrest to sentencing, we are available to represent you throughout the process and advocate for the best possible outcome.
Contact our attorneys as soon as the police approach you. We can help you!
DO YOU NEED A LAWYER?
Make an appointment with a member of our team today.