Helpful tips

Why are domestic assault charges going to trial?

Why are domestic assault charges going to trial?

Charges involving domestic assault have a higher likelihood of going to trial because of the Crown Attorney’s position on domestic violence. If you charged with a domestic assault it is important you contact me right away so that I can begin working on resolving your matter as soon as possible.

What should you do if your spouse is arrested for domestic assault?

If you are arrested, try to stay calm and be polite. Do not physically resist arrest, and follow whatever directions the police give you. Do not fight with or yell at your spouse. In cases of domestic assault, the police have the authority to decide if anyone will be arrested and charged.

Can a prosecutor dismiss a domestic violence case?

In most cases, no. Because the victim is not the party who first charged the defendant in the domestic violence assault, the fact that he or she wants to recant or dismiss the charges often means little to nothing to the prosecutor. The case is brought by the state.

Are there any criminal charges for domestic abuse?

Assault is a very common criminal charge that appears before our courts, particularly charges of assault relating to allegations of domestic abuse.

Why was my husband arrested for domestic violence?

We’ve been married 5 years and he has no criminal record. I don’t know what got into him but he lost it and ended up slapping me, leaving a bruise on my face. The neighbors heard the commotion, the cops arrived, and my husband was arrested on the grounds of domestic violence.

Can a domestic violence case go to court?

Understand that once a domestic violence incident is reported and starts being handled by the police, it is no longer a matter of the victim vs. his or her spouse. Although the prosecutor needs the cooperation of the victim, the victim does not have the final say as to whether the case proceeds.

Can a court force a domestic violence victim to testify?

Refusing to testify constitutes contempt of court; however, the Court cannot imprison or confine a domestic violence victim for contempt. Code of Civil Procedure sections 1219 (a), (b). This means that even though the Court can declare you in contempt of court, it cannot force you to testify.

Can a charge be dropped in a domestic violence case?

Will the charges be dropped? In most cases, no.