Domestic Violence Lawyer Toronto

What Is Domestic Violence Under Ontario Law? 

Domestic violence refers to physical, emotional, financial, or psychological abuse committed against a partner, spouse, or family member. These offenses are prosecuted aggressively under the Criminal Code of Canada, often resulting in harsh penalties if convicted. 

Common Domestic Violence Offenses 

1. Assault: Physical harm or threat of harm against a partner or family member. 
2. Criminal Harassment: Stalking, persistent unwanted communication, or intimidation. 
3. Uttering Threats: Making verbal or written threats to cause harm. 
4. Forcible Confinement: Preventing a partner from leaving a location against their will. 
5. Mischief: Damaging a partner’s property during an argument. 
6. Sexual Assault: Any non-consensual sexual activity involving a spouse or intimate partner. 
7. Failure to Comply with a Court Order: Breaching bail conditions or restraining orders related to domestic charges. 

Your Rights When Facing Domestic Violence Charges 

If you are charged with domestic violence, you have important legal rights, including: 

• Presumption of Innocence: You are innocent until proven guilty beyond a reasonable doubt. 

• Right to Legal Representation: You have the right to consult with a lawyer before making any statements. 

• Right to Remain Silent: You are not required to answer police questions beyond basic identification. 

• Right to a Fair Trial: You can challenge the charges, present evidence, and cross-examine witnesses. 

Why Choose Kozyrev Law P.C. for Domestic Violence Cases? 

Extensive Experience in Domestic Violence Defense 

Our legal team has successfully defended clients against domestic violence charges in Toronto. We understand the serious consequences of a conviction and are committed to providing a strong legal defense. 

Personalized Defense Strategies 

We develop customized defense strategies based on factors such as: 

• The credibility of the allegations. 

• Any inconsistencies in witness testimony. 

• Whether there was a wrongful arrest or false accusations. 

• Violation of your rights during the investigation or arrest. 

Thorough Investigations 

We conduct a detailed review of your case, including: 

• Examining police reports and witness statements. 

• Analyzing medical records and forensic evidence. 

• Reviewing electronic communications and social media evidence. 

Aggressive Court Representation 

Whether negotiating with prosecutors or representing you in court, we fight aggressively to protect your rights and secure the best possible outcome. 

Steps in Handling a Domestic Violence Case 

Step 1: Free Consultation 

During your free consultation, we will: 

• Review the charges against you. 

• Assess potential defense strategies. 

• Provide a clear roadmap for your case. 

Step 2: Evidence Gathering 

Our team will collect and analyze key evidence, including: 

• Police reports and 911 call recordings. 

• Witness statements and surveillance footage. 

• Any procedural errors or rights violations. 

Step 3: Pre-Trial Negotiations 

We will negotiate with the prosecution to seek a reduction or dismissal of charges whenever possible. 

Step 4: Trial Representation 

If your case goes to trial, our experienced lawyers will build a strong defense, challenge the prosecution’s evidence, and advocate for your best interests. 

Challenges in Domestic Violence Cases 

False Allegations 

In some cases, domestic violence accusations may be made falsely due to: 

• Custody disputes or divorce proceedings. 

• Retaliation or personal conflicts. 

• Misunderstandings or exaggerated claims. 

We work to expose false accusations by presenting evidence that contradicts the prosecution’s case. 

Lack of Evidence 

Many domestic violence cases rely on he said, she said situations with little to no physical evidence. We challenge weak or inconsistent evidence to cast doubt on the prosecution’s claims. 

Violation of Rights 

If law enforcement violated your Charter Rights, such as conducting an unlawful arrest or failing to provide legal counsel, we can argue for the exclusion of evidence or case dismissal. 

Frequently Asked Questions About Domestic Violence Cases 

What Are the Penalties for Domestic Violence in Ontario?

Penalties depend on the severity of the charges, prior criminal history, and circumstances of the case, and may include: 

• First-Time Offense: Probation, anger management courses, or fines. 

• Repeat Offense: Jail time, stricter bail conditions, and extended probation. 

• Aggravated Domestic Violence (Involving Weapons or Severe Injury): Lengthy prison sentences and long-term restraining orders. 

Can Domestic Violence Charges Be Dropped?

Yes, charges may be withdrawn or dismissed if: 

• The alleged victim recants their statement. 

• There is insufficient evidence to support the charges. 

• The prosecution determines there is no reasonable prospect of conviction. 

What Should I Do If I Am Arrested for Domestic Violence?

• Remain Silent: Do not make statements to the police without a lawyer present. 

• Request a Lawyer: Contact an experienced criminal defense lawyer immediately. 

• Follow Bail Conditions: If released on bail, comply with all conditions to avoid further legal complications. 

Can I Contact My Partner After a Domestic Violence Arrest?

In most cases, no. Bail conditions often include a no-contact order with the alleged victim. Violating this order can result in additional charges and stricter penalties. 

Protecting Your Rights in a Domestic Violence Case 

1. Seek Legal Counsel Immediately: Contact a lawyer as soon as possible to protect your rights. 
2. Preserve All Evidence: Collect and safeguard any documentation related to your arrest. 
3. Avoid Self-Incrimination: Refrain from discussing your case with anyone other than your lawyer. 
4. Follow Legal Procedures: Adhere to court orders and deadlines to avoid additional penalties. 

Contact Kozyrev Law P.C. Today 

If you are facing domestic violence charges in Toronto, Kozyrev Law P.C. is here to help. Our experienced legal team will fight to protect your rights and provide strong, compassionate support every step of the way. 

Phone: (416) 900-0933 

Email: info@kozyrevlaw.ca 

Location: Serving clients across Toronto and the Greater Toronto Area 

Take the first step toward defending your freedom. Contact Kozyrev Law P.C. today for a free consultation and let us help you through this challenging time.