In this article, I distinguish between non-domestic assaults and threats and domestic assaults and threats. The reason for this distinction is that most courthouses do the same. Domestic assaults refer to assaults committed by people who are in or have been in a relationship with the complainant.
Brian Ross is a founding partner at Canada’s largest criminal Law firm, Rusonik, O’Connor, Robbins, Ross & Angelini, LLP.
Often they are also termed “spousal assaults”. Indeed, specially trained Crown Attorneys are often assigned to “domestic assault” cases. As the offences are the same, you should, however, refer to my article on “Assaults and Threats”.
Special considerations in domestic assault cases are worth mentioning though. It is often the case that someone charged with domestic assault is released on a recognizance or undertaking that prohibits contact with the complainant. Often, the defendant won’t be allowed to live in their own home. Further, it is not uncommon for a complainant to want to “drop the charges”. Some of these issues can be discussed with the Crown’s office and remedied. I have represented many people that have needed these issues addressed. It is often the case that bail variations can be obtained and charges can be withdrawn without the necessity of a trial.
As stated in my article on “Assaults and Threats”, all assault related offences are listed in the Criminal Code of Canada: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html. There are numerous ways to defend against all assault related charges and I have successfully defended people against them numerous times – please refer to my Recent Successes page. The consequences to receiving a conviction for any assault charge are significant and you should consult with a criminal lawyer to discuss these and other issues.
Client found “not guilty” of all charges after trial.
R. v. C.C.
Client and his wife got into an argument at home. It was alleged that the client began to strike his wife. Client’s position was that he was actually defending himself from his wife.
Found “not guilty” after trial.
R. v. P.M.
Client charged with several counts of Domestic Assault against his girlfriend. It was alleged that they got into an argument and he began to strike her several times. P.M. testified that it was the opposite; that she attacked him when he tried to end the relationship.
Found “not guilty” of all charges after a contested trial.
R. v. L.F.
Client’s girlfriend alleged that he assaulted her on numerous occasions and on one of them, used a weapon. Client denied the allegations.
Charges dismissed at trial.
R. v. M.V.
Client charged with domestic assault against his wife. It was alleged that during an argument, he struck her and a fight continued.
Charges withdrawn after successful meeting with the Crown Attorney
R. v. M.S.
Client charged with two counts of Assault and Utter Death Threats. Complainant alleged that after a verbal argument, her boyfriend began hitting her and then assaulted her friend. He then threatened both of them.
Charge withdrawn by Crown Attorney
R. v. A.B.
Client charged with Assault against her boyfriend.
Charges withdrawn after discussions with the Crown Attorney
R. v. C.W.
Client charged with assaulting his girlfriend and threatening to kill her, after a verbal dispute.
Charge withdrawn by the Crown Attorney.
R. v. G.M.
Client charged with domestic assault after allegedly striking his girlfriend several times.
Client found “not guilty” after contested trial.
R. v. C.W.
It was alleged that the client and his wife got into an argument and that the client struck his wife several times. Client charged with domestic assault.
Charges withdrawn by Crown Attorney.
R. v. G.M.
Client charged with Forcible Confinement, Threatening Death, Theft Under, Possession of Property Obtained by Crime, Obstruct Police, Fail to Comply with Bail. It was alleged that client would not allow his girlfriend to leave her residence after stealing from her and threatening to kill her if she called police. Police subsequently learned of this and upon arrival, client jumped from balcony to evade police.
Charge withdrawn.
R. v. O.P.
Client charged with assaulting his sister.
Brian Ross is professional, straightforward, and honest. After we reviewed my case I didn't have high hopes for a positive outcome because there really wasn't much for him to work with. However, come court date, charges were withdrawn!! It had all happened so fast. I am so grateful for Brian Ross and his team. He didn't give up on my case and he definitely made lemonade out of like a 1/4 of a lemon. I would 100% use their services again - hopefully I won't have too.
Kate Rice
Money well spent! With all the issues with my case Brian gave me hope. I would definitely recommend spending the cash to hire Brian as he is an amazing lawyer. Watching him work I knew I had great chances. I feel like I have a new lease of life now with this behind me. All charges dropped which I could not imagine. Thank you to you and your team on helping me with this. Best lawyer in the city!!!
Jan Lane
I had a great experience hiring Brian for my case. From the beginning he was very direct and honest. He was confident in his prediction and his prediction was correct. Brian did an incredible job. He is highly knowledgeable in his field. He was thorough and very well experienced. I do highly recommend Brian!!
Anita Wong
As a young professional, the weight of a conviction was staggering, and would have greatly affected my ability to work in my chosen profession. Hiring Mr. Ross was the best way to guarantee against such effects. Throughout, Brian was present, helpful, positive, and supportive; hard-working and diligent. It was truly a pleasure to work with him, and a relief to get the call that Mr. Ross had accomplished what he initially set out to do. Consider this a sincere “Thank You” and commendation.
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Nominated in 2022 for the Best Lawyers Award in Criminal Law
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