Dean D. Paquette | Lauren M. Wilhelm
Criminal Lawyers
Call Us : 905-524-3326
After hours : 905-719-5915
305-21 King St. W., Hamilton, ON, L8P 4W7
DEPENDABLE DOMESTIC VIOLENCE LAWYERS HAMILTON
Domestic violence is a pattern of abusive behaviour in any relationship. While the claim has been raised out of a misunderstanding or a moment of anger, the police consider these matters as serious and will always have someone arrested due to their domestic violence policy. Such charges often arise in the context of a failing marriage or relationship. These charges are often used to extract strategic advantages in the family law setting. The advantage of obtaining child custody and exclusive possession of the matrimonial home. Understanding the dynamic underlying such allegations is critical to finding a successful solution to your case. Alternative dispositions are often available in the domestic context. Seeking out a strategy to have your case dealt with by an alternative method is of primary importance early in the process. At Paquette Wilhelm Criminal Lawyers, we can assist you throughout the legal process and help you achieve the desired results.
Domestic or intimate partner violence is a term used to refer to non-consensual acts of physical or sexual force or psychologically abusive behaviour, such as criminal harassment, occurring within an intimate relationship. There is no uniform definition of an intimate relationship, and they may include parties who are or were dating, common law, or married.
The lawyers at Paquette Wilhelm regularly represent clients in Hamilton charged with offences arising from all intimate relationships.
WHAT HAPPENS AFTER BEING ARRESTED FOR DOMESTIC VIOLENCE?
Like any arrest, an arrest for an offence of domestic violence generally involves being taken into police custody and processed. You will be advised of your rights and provided an opportunity to speak to a lawyer, after which the police may or may not seek to interview you. A determination will be made as to whether you will be released from the police station or held for bail. This determination is often a function of the nature of the charge(s) and whether or not you have an existing criminal record.
You are released:
You must sign a Promise to Appear and/or an Undertaking to the Officer in Charge. These documents will contain terms requiring you to appear for fingerprinting and in court at a particular time and date. They also typically contain terms that preclude you from contacting or communicating with the complainant or attending at that person’s residence.
You are not released from the station:
You will be held in custody and brought before a Justice of the Peace for a bail hearing. The justice of the Peace will determine whether you are released from custody and on what conditions or detained awaiting trial.
CONSEQUENCES
Charges involving domestic violence can be complicated, as they often involve the intersection of social, interpersonal and legal. As with any criminal offence, the consequences vary depending on the circumstances of the offence and the personal circumstances of the individual charged. Factors such as the nature and gravity of the offence, the impact on the complainant, and the character and the criminal record (or lack thereof) of the person charged all play a role in determining the appropriate penalty.