Domestic Assault Charges
In British Columbia, there is zero tolerance for domestic abuse complaints. People who have never had a brush with the law find themselves arrested when the police are called to a domestic assault incident. If you have been accused of spousal assault, the lawyers at Mines & Company understand the stress you are under and will do everything possible to reduce the weight on your shoulders and protect your rights.
In one of our recent successes (R. v. J.C. - Richmond Provincial Court), our client was charged with two counts of domestic assault. At issue was whether there was a reasonable likelihood of conviction and whether it was in the public interest to proceed with the charge. We obtained new information and convinced the Crown to enter a stay of proceedings. No criminal record.
In many cases, the alleged victim does not want charges to proceed. It is the Crown Counsel, however, and not the victim that has control of the prosecution. This can become a very complex issue. Our experience often allows us to effectively deal with domestic violence cases by seeking extra-judicial measures to resolve the matter without a criminal conviction. We have assisted many clients in finding appropriate resources, such as substance abuse or anger management counselling. The goal is to avoid a criminal conviction. In appropriate cases we will proceed to trial and vigorously challenge the Crown's witnesses.
Section 81O Recognizance (Peace Bond)
The Criminal Code provides an alternative to an spousal assault charge which is known as a section 810 recognizance or peace bond. The distinction is important, because a person placed on a peace bond is not considered to have a criminal record. A peace bond usually limits or prevents or contact with the alleged victim. We have more than 20 years of experience, so we understand when it may be appropriate to seek resolution of an assault charge by agreeing to a peace bond. We also know when the better strategy might be to challenge all criminal charges and any proposed peace bond. Our goal is to obtain the best possible result.
Start With a Free Initial Consultation
To schedule a free initial consultation with one of our Vancouver lawyers, call 604-688-1460 or contact us via e-mail.
We offer 24-hour emergency service.