What to Do When Charged With Domestic Assault?

by | Jan 24, 2019 | Domestic Assault

If you have been charged with domestic assault and now cannot go home, it will no doubt present serious difficulties. However, it may be possible to get your bail conditions varied, meaning you would be allowed back to your property. A domestic assault lawyer in Vancouver can help you with this. To find out more, please contact us at Mickelson & Whysall to speak to a Vancouver criminal lawyer.


When Charged With Domestic Assault

If you are charged with domestic assault, you will probably be told that you cannot go home. This is common in domestic assault cases. Normally what happens is that you will be granted bail, but this will come with certain conditions. Typically, you cannot contact the complainant (meaning the person accusing you of domestic assault), and you must live separately from him/her.

This will put you in a tricky situation, because all of your possessions will be at home, yet you are not allowed to return to collect your things. Moreover, you will have to find somewhere to stay for an indefinite amount of time, as there is no telling how long it will be until the charges are either dropped, or your trial concludes. If you do not have friends or family members willing to take you in, it can leave you with very few options.

So, what do you do?


Variation of Bail Conditions

Well, you can pursue a variation of your bail conditions. If you have instructed a criminal defence lawyer, he/she can make this application on your behalf. It will be necessary to show that there has been a material change of circumstances since the original bail terms were imposed. You will also need to obtain the consent of the prosecutor.

If the request is granted, it will allow a form of contact with the complainant and/or a return to your home.

However, the prosecutor may contest the proposed variations to your bail terms, or the Provincial Court may deny the request. If so, it is possible to pursue the matter further. This would involve a formal appeal, during which there would be a bail review at the Supreme Court.

Read more about the domestic abuse case process in this blog post What Usually Happens in a Domestic Violence Case?

Why Is It Important To Retain An Experienced Lawyer To Handle A Domestic Assault Case?

If you have been charged with domestic assault, it is in your best interests to contact a criminal defence lawyer as soon as possible. Domestic assault is a serious accusation and can have extremely damaging consequences. Even if the charges are later dropped, your life will have been significantly disrupted, particularly if you have been unable to return home. It is therefore important to have a legal expert on your side.

A lawyer can guide you through the process from the moment you are arrested and can use their skill and expertise to limit the impact such a charge can have on your life. This may include pursuing a variation to your bail conditions. Your lawyer can advise whether or not this is a feasible option, and if so, can make the application on your behalf.

Call a Vancouver Criminal Lawyer at 604-688-8588 Now!


Read about our Recent Domestic Assault Successes »