SMART | CRIMINAL LAW

SMART | CRIMINAL LAWSMART | CRIMINAL LAWSMART | CRIMINAL LAW

SMART | CRIMINAL LAW

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    • PRACTICE AREAS
      • ASSAULT CHARGES
      • DOMESTIC ASSAULT
      • DOMESTIC VIOLENCE
      • IMPAIRED DRIVING CHARGES
      • REFUSE BREATH TEST
      • DANGEROUS DRIVING
      • THEFT CHARGES
      • FRAUD CHARGES
      • DRUG CHARGES
      • SEXUAL OFFENCES
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  • HOME
  • PRACTICE AREAS
    • ASSAULT CHARGES
    • DOMESTIC ASSAULT
    • DOMESTIC VIOLENCE
    • IMPAIRED DRIVING CHARGES
    • REFUSE BREATH TEST
    • DANGEROUS DRIVING
    • THEFT CHARGES
    • FRAUD CHARGES
    • DRUG CHARGES
    • SEXUAL OFFENCES
  • OUR TEAM
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CONTACT

Oshawa Domestic Violence Lawyer - Smart | Criminal Law

Free Consultation

Domestic Violence Lawyer – Protecting Your Family


Being charged with domestic assault or domestic violence is a serious matter in Ontario. A conviction can lead to a criminal record, jail time, strict bail conditions, and long-term consequences for your family, career, and reputation. That’s why it’s critical to have an experienced domestic violence lawyer on your side from the very beginning.


Why You Need a Domestic Violence Defence Lawyer

Police in Ontario take domestic allegations extremely seriously. In most cases, once charges are laid, the Crown will not withdraw them simply because the complainant wants to. This means you need strong legal representation to:


  • Challenge the evidence presented against you.
  • Negotiate reasonable bail conditions so you can return home or maintain contact with your children.
  • Protect your rights in both the criminal process and any related family law matters.
  • Explore defences such as self-defence, false allegations, or insufficient evidence.


What We Do for Clients Facing Domestic Assault Charges

Our firm regularly represents clients charged with domestic assault, threats, mischief, and harassment. We understand the unique dynamics of these cases and the impact they have on families. We take a strategic, compassionate, and proactive approach, including:


  • Immediate legal advice following arrest.
  • Thorough review of disclosure and witness statements.
  • Filing applications to vary bail or no-contact orders.
  • Preparing for trial with a focus on cross-examination and evidentiary weaknesses.
  • Negotiating with the Crown for withdrawals, peace bonds, or reduced charges when appropriate.


Why Choose Our Firm


  • Focused on Criminal Defence – We concentrate on defending criminal charges, including domestic violence.
  • Proven Track Record – Years of experience handling these sensitive cases with strong results.
  • Client-Centered Approach – Respectful, confidential, and accessible support every step of the way.


If you or someone you care about has been charged with domestic assault or a related offence, contact us immediately for a confidential consultation. Early intervention can make all the difference.

📞 Call us today for immediate legal help.

Frequently Asked Questions

No. Once charges are laid, it is up to the Crown, not the complainant, to decide how the case proceeds.


Breaching a bail condition or court order is a separate criminal offence that can make your case more serious. Always speak to your lawyer before attempting contact.


Not always. Many cases can be resolved through negotiations, alternative resolutions, or peace bonds — but trial preparation is essential if the Crown insists on proceeding.


Domestic Violence Offences


In Canada, “domestic violence” is not a separate offence under the Criminal Code. Instead, it refers to criminal charges that occur in the context of a domestic or intimate relationship, such as between spouses, partners, or family members. Courts treat these cases very seriously, and penalties can be harsher than in non-domestic situations because of the trust and power dynamics involved.


Common Domestic Violence Offences


  • Domestic Assault – Any unwanted physical contact (grabbing, pushing, hitting).
  • Assault Causing Bodily Harm / Aggravated Assault – More serious injuries caused to the complainant.
  • Uttering Threats – Threatening death, harm, or property damage.
  • Criminal Harassment (Stalking) – Repeated unwanted contact, following, or surveillance that causes fear.
  • Mischief – Damaging or destroying property during a domestic dispute.
  • Sexual Assault – Any unwanted sexual contact within a relationship.
  • Forcible Confinement – Preventing a partner from leaving or restricting their movement.




Domestic Violence Penalties in Oshawa

Potential Penalties for Domestic Violence Charges


The penalties depend on the charge, the severity of the allegations, and whether the Crown elects to proceed summarily (less serious) or by indictment (more serious). Possible consequences include:


  • Fines – Often for lower-level or first-time offences.
  • Probation – Supervision with conditions such as counselling, no-contact orders, or restrictions on alcohol.
  • Peace Bond – In some cases, charges may be withdrawn if the accused agrees to keep the peace and follow specific conditions.
  • Incarceration (Jail or Prison) – Ranges from a few days to several years, depending on the seriousness of the offence.
  • Criminal Record – A conviction creates a permanent record that can impact employment, travel, and immigration status.
  • Restraining Orders & No-Contact Conditions – Limiting access to the complainant or children.


Additional Considerations


  • The Crown typically pursues these cases even if the complainant no longer wants to proceed.
  • Domestic convictions can affect family law matters, including custody and access to children.
  • Repeat offences or breaches of bail/probation conditions usually result in harsher penalties.


Talk with our Domestic Violence Lawyer Now

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SMART | CRIMINAL LAW

39 Bond St E., Unit #4, Oshawa, Ontario, L1G1B2

(905) 438-1529

Criminal Defence Lawyer Serving Durham Region including Oshawa, Whitby, Brooklin , Ajax, Pickering, and Bowmanville


Jeffrey Smart Legal Services Professional Corporation, Registered as " Smart | Criminal Law"