In Canada, “domestic assault” punishment is very similar to the penalty for “assault”, as indicated the Criminal Code. Meaning, a conviction may lead to a prison sentence of up to 5 years.
If a strict restraining order is put in place, which is often the outcome, this signifies it is essentially impossible to contact any of your family and friends until the case is solved completely.
If the scenario is between partners, for instance, and they decide to reconcile, or felt it had taken action in the courts too hastily, then they must wait till it plays out through the system.
If the indicter changes their mind later on, there’s essentially no un-do. It must play out in the system.
For instance: it has been know to occur, that some individuals, in attempt to try to maintain custody of a child, and presumably avoid a long in depth children’s custody case, have fabricated a domestic assault situation. In Canada, not all charges can be dropped, if the complainant wants to recant, that does not imply the case will disappear, the crown can still decide whether the case proceeds.
Domestic Assault, as sub class of assault, is approximately 12% of all the violent crimes in Canada, and relates to actions in the home. But the majority of these cases aren’t reported to the police so that the real number is much higher.
Many experts suggest that domestic assault is the result of anger, stress, and incapability to express themselves effectively, use of alcohol or drugs, or loss of inner balance. This is just as present in both the wealthy and the poor, but more generally the alleged victims of violence are not the breadwinners of the family.
Roughly 61% of population knows someone that has suffered from home-based violence in their lives. Women are typically faced with violence in maturity, and men in youth.
What is considered domestic assault? You might be surprised. Here is some basic information:
Emotional Violence (often continued belittling and controlling behaviour, approx 35% of all domestic attack cases),
Physical Violence (brutality, locking up and tying up, approx 21% of all domestic attack cases)
Economic Violence (need to report for each penny or destruction of assets, approx 17% of all domestic assault cases),
Sexual Violence (rape to sexual relations, approximately 1% of domestic assault cases).
Regardless of whether it is physical, economic, sexual or mental, domestic assault is one of the most major violations of civil rights – the right to life and bodily and emotional integrity. Safety and equal treatment, which are the bedrock of civil rights, should be the basic conditions and minimum requirements for all countries and each household.
In generations past, home violence had (often) been regarded as ‘private family matter ‘, and only in the last 40 or so has this crisis been discussed as a crisis of the whole society.
Not for just women and children, the police are now receiving cases of children of all ages young and old assaulting their own parents. Elders are locking themselves in their own bedrooms due to threats on their life from their kid. Men as well as seniors reporting domestic attack are becoming more and more prevalent lately.
Have you or a loved one been wrongly accused of domestic assault? Or have an allegation you now need to be retracted? There are steps that may be taken. Contact a domestic assault lawyer.