Domestic assault cases can be highly emotional and legally complex, especially when they blend with family law matters like child custody, access, and property division. In many provinces, domestic assault cases are treated seriously by both the criminal justice system and family courts.
However, the implications go beyond criminal penalties and directly affect families and their dynamics. This is where a domestic assault lawyer can be helpful in such matters.
Not only do they defend charges against you, but they also help you navigate the broader legal consequences of family law matters.
In this article, you will learn about the role of a domestic assault lawyer in family court.
What is Considered Domestic Abuse?
As per the law, domestic abuse or assault refers to any act of physical, emotional, or psychological harm done to a partner, spouse, or family member. This includes:
- Physical violence or threats
- Sexual assault
- Intimidation or harassment
- Financial control or coercion
- Emotional or verbal abuse
While domestic assault is primarily addressed under the Criminal Code of Canada, its effects are often addressed in family courts, especially when the safety and well-being of partners or children are involved.
Essential Responsibilities of a Domestic Assault Lawyer in Family Court
Apart from representing clients, a domestic assault lawyer has a range of additional responsibilities as part of their job. They also play an important role in guiding families through the complex family law system. Their responsibilities can be divided into several important areas.
Here’s what they do:
● Legal Representation and Strategic Defence:
When a person is charged with domestic assault, the most important role of a lawyer is to offer a reliable defence and ensure that their rights are protected throughout the criminal proceedings. However, your defence should be informed by the potential impact on the relevant family court matters.
For example:
- A finding of guilt or even a plea bond can influence family court decisions about custody and access.
- Bail conditions might limit contact with children or restrict access to the family home.
With an experienced lawyer by your side, you will be able to ensure that the defence strategies align with the broader interests of the client, especially when custody or parental rights are at risk.
● Navigating Dual Proceedings:
It is common for individuals facing domestic assault allegations to be simultaneously involved in family law proceedings, either as a result of charges or independent of them. A domestic assault lawyer often collaborates with or takes the role of a family lawyer to do the following things:
- Respond to protection orders, especially the ones under the Family Law Act.
- Contest or apply for parenting arrangements
- Negotiate separation agreements under the shadow of criminal allegations.
- Advise on property and support issues that are influenced by assault allegations.
The lawyer’s understanding of how evidence and findings in one court can impact outcomes in the other is crucial to protecting the client’s interests.
● Safeguarding Parental Rights and Child Access:
In courts, the best interests of the child are the primary principle in custody and parenting arrangements. Domestic assault allegations, even the ones that are not proven, can seriously affect the ability of a parent to maintain contact with their children.
In such situations, a lawyer does the following things:
- Advocating for supervised or unsupervised access, depending on the case
- Challenging unfounded or exaggerated allegations that may be tactically used in custody disputes.
- Presenting counter-evidence, such as parenting assessments or counselling progress, to maintain or restore parenting time.
● Giving Response to Protection and Restraining Orders:
Family members may seek protection orders, also known as restraining orders, under the Family Law Act. These orders can strictly limit a person’s movement, access to their home, or contact with their children.
An experienced lawyer specialising in family law can help you in the following ways:
- Representing you in protection order hearings
- Challenging unjustified or overly extensive restrictions
- Requesting variations to existing orders due to the change of circumstances
- Explaining the implications of violating such orders, which will result in additional criminal charges
You will also find various community-based services that are integrated into court processes. Plus, a knowledgeable lawyer can guide you in utilising these services to improve legal and personal outcomes.
Why You Need a Domestic Assault Lawyer with Provincial Knowledge and Experience?
In many provinces, you will find courts to be busy with different types of cases. The provincial and supreme courts deal with a large volume of domestic violence cases.
Local experience matters due to the following reasons:
- Crown prosecutors in Surrey may take a solid stance on domestic violence.
- Judicial tendencies may vary, specifically on bail conditions and parenting time.
- Familiarity with local family services, shelters, and counselling centres is a great benefit for both legal strategy and client support.
Furthermore, a lawyer specialising in domestic assault also works in collaboration with:
- Surrey Women’s Centre
- Options Community Centre
- Ministry of Children and Family Development
- Surrey Pretrial Services and Probation Officers
Being able to navigate these systems with local knowledge can significantly improve the effectiveness and quality of legal representation.
Things to Consider While Choosing a Lawyer for Fighting Domestic Assault Charges
Some essential things to consider while hiring a lawyer to fight domestic assault charges include:
- Your lawyer should be experienced in handling different types of domestic abuse cases, which will help them consider the best course of legal action for you.
- They should have an impressive track record of handling court cases with a better success ratio.
- They should follow a client-focused approach that maintains a balance between legal defence and long-term family goals.
- They need to be capable of negotiating and mediating whenever appropriate, lowering the emotional impact of the litigation process.
An experienced lawyer also communicates well, offers realistic expectations, and ensures that the client understands the consequences of every legal step.
To Summarize
Domestic assault allegations can dramatically reshape the future of a family, especially when the legal system becomes involved. However, with an experienced lawyer specialising in domestic assault, you will be able to ensure that your rights are respected and that you get a just resolution.