Assault in Canada encompasses any intentional application of force to another person, including a gesture. If done in self-defense the act is not an offence (as long as the degree of force used is not unreasonable). Sometimes consent is also a defence. Assault causing bodily harm and assault with a weapon are much more serious.
If you are charged with a minor assault your lawyer may wish to explore the possibility of a common law or s. 810 peace bond. A peace bond does not result in a criminal record of a finding of guilt or conviction unless you breach the peace bond.
Domestic violence is totally unacceptable in Canada. A man who has possibly assaulted his spouse can expect to be arrested, held overnight in jail, and brought to court the following working day in custody for a bail hearing. The man will find it difficult to obtain release unless he can demonstrate a stable alternative address, arrange for a relative (not his spouse) or friend to be a surety, and undertake to obey certain rigorous conditions including non-association with the spouse and non-attendance at his former home. He or his relatives should immediately retain both criminal law and family law counsel (i.e. a lawyer). The spouse who is the alleged victim should also immediately obtain counsel.
It is often a good idea to attend at a doctor's office or emergency clinic immediately following the incident so that your injuries (alleged perpetrator or victim) can be documented. Photographs of injuries may also be helpful.
If you have any questions please contact Mr. Taylor directly by phone toll-free at 1-877-753-9180 at any time.