Key Takeaways
Table of Contents
If Canadian police arrest you for assault charges relating to a spouse or other intimate partner, Crown prosecutors will likely pursue a conviction with more vigour than they would have if you had been accused of assaulting a stranger. While there is no “domestic assault” offence category in Canada’s Criminal Code, police and the courts categorize such assaults as “intimate partner violence,” and have a government mandate to arrest and punish alleged offenders aggressively. Thus, Canadian police do not hesitate to arrest those accused even if there is limited evidence, Crown prosecutors strive to gain convictions, and judges tend to severely sentence convicted offenders.
However, what should a person do if they have been falsely accused of domestic assault? Relationships are often highly complex and fraught with emotion, which leads to hundreds of physical confrontations and assaults across Canada every day. However, errors in judgment, misinterpretations of events, revenge, mental health issues, power struggles, gaining a legal advantage in divorce or custody disputes, and other factors can lead a partner to accuse their intimate other of something they didn’t really do.
“Given the severity of the offence, anyone faced with assault charges — intimate partner or not — should seek legal advice" , says criminal defence lawyer Robbie Tsang , managing partner of the Greater Toronto Area’s Mass Tsang law firm. “False accusations of intimate partner violence should further motivate you to find the best criminal defence possible. A skilled domestic assault defence lawyer can help uncover your accuser’s falsehoods and navigate the emotional turmoil of being falsely accused.”
Mass Tsang’s managing partner, Jeff Mass , adds, “Getting wrongly convicted of any criminal offence is a travesty, but the potential damage to one’s reputation, mental health, and family lifestyle is compounded when it arises from false accusations from a loved one or former partner.”
Thus, if you’re facing false domestic assault allegations, Mass Tsang’s domestic assault defence lawyers are ready 24/7 to consult with you and begin working on your case. Whatever you do, don’t discuss the allegations with police until you’ve spoken to a lawyer, and try to preserve all communications with your accuser, such as texts, emails, letters, phone messages, social media, dating apps, personal notes, or other sources. Here's what else you need to know about getting falsely accused of domestic assault:
As noted, “domestic” assault is not distinctly referenced as an offence in the Criminal Code. However, Section 718.2 of the Code lists abuse of an intimate partner or family member as an “aggravating factor,” which judges are encouraged to consider in sentencing.
Police and the courts address domestic assault cases under Sections 265-268 of the Code, which legally define and set penalties for the three types of assault:
Maximum sentences for the three forms of assault range from two-14 years imprisonment. Police reports note whether an alleged assault involves an intimate partner, which will generate a more vigorous response from them and the courts. While there are no minimum sentencing requirements for simple assault and assault with a weapon or causing bodily harm (unless a firearm is involved), judges are more likely to impose harsh sentencing with assault convictions involving an intimate partner.
If Canadian police have arrested you for domestic assault or have initiated an investigation based on a report from an intimate partner, you should seek immediate legal counsel. As noted, you should refrain from talking to the police, retain all forms of communications with your accuser, and avoid further contact and communications with them. Additionally, try to write down everything relating to the false allegations, including:
Assaults involving intimate partners increase the likelihood of pre-trial custody, which can significantly compromise your ability to work on your defence with your lawyer. If you’re facing such, it’s crucial to hire a skilled bail hearing lawyer to help secure your release during judicial interim release proceedings.
Experienced domestic assault defence lawyers rely on several common defence strategies to successfully fight assault charges in court. They are also highly adept at exposing flaws in the Crown’s case pre-trial to secure a dismissal, withdrawal, negotiated settlement, or other favourable outcomes. When it comes to clients who’ve been falsely accused of domestic assault, skilled defence lawyers know what signs to look for to help expose the deceit. These include:
The Canadian judicial system takes a hard line against anyone who falsely accuses another person of committing a criminal offence. If police believe that an accuser knowingly lied about being assaulted by an intimate partner, they can charge them with
public mischief under Section 140 of the Criminal Code. If convicted, the false accuser could face up to five years in prison. False domestic assault accusers who lie under oath, provide false evidence or swear a false statement face potential harsher punishment for violating perjury or obstruction of justice laws.
If falsely accused of domestic assault, seek immediate legal advice and representation. A proactive challenge to false domestic assault charges early in the legal process may help upend your accuser’s account and avoid the need for further legal proceedings against you. The domestic assault defence lawyers of Mass Tsang have secured thousands of positive outcomes for their Greater Toronto Area clients, including some in which their accusers were exposed for their false reporting. Secure a positive outcome in your domestic assault case by contacting Mass Tsang today for a free consultation.
