Domestic Violence Lawyer Winnipeg

What is Domestic Violence?

Domestic violence refers to charges where the offense involves a family member or a current/former intimate partner. These charges are viewed as more serious by the Crown and the Courts compared to similar criminal charges in a non-domestic context. The breach of trust between domestic partners is considered an aggravating factor when sentencing an offender.

In simple terms, the Crown is more likely to request jail time, and the Court is more likely to grant that request in cases of domestic violence.

Offenses that may arise within a domestic relationship include assault, assault causing bodily harm, assault with a weapon, sexual assault, uttering threats, break and enter, and criminal harassment.

Sometimes, allegations of domestic violence may arise in the context of a separation or divorce, and false allegations may be made as a way of gaining an advantage in family proceedings. This can have lasting impacts on child custody and access arrangements. Joshua Rogala will work with your family lawyer to ensure that your rights are protected not only in criminal court but also in family court.

Bail Conditions When Charge with a Domestic Violence Offence

Those charged with a domestic violence offense are typically placed on strict bail conditions. These conditions may affect your ability to have contact with the complainant, children, and other family members. If you share a home with the complainant, you may not be able to return to your residence. These conditions may be in place even if the complainant wishes to have contact with you.

These conditions can remain in place until the matter is resolved, which could take longer than a year, causing significant emotional and financial strain for all parties involved.

When considering whether to impose or maintain a criminal no contact order, various factors, including the wishes of the complainant, must be considered. Crowns and judges consider available information about the risk, the complainant’s wishes and motivations, and the potential negative consequences in order to determine the best course of action, even in the face of the complainant’s opposition, with the goal of maximizing the complainant’s safety and the accused’s accountability while minimizing collateral consequences.

In order to pursue having the no contact order varied to allow some form of contact or set aside, it’s important for the accused to engage with domestic violence related programming as quickly as possible. Completing these programs will likely alleviate some of the concerns the Crown and Court have about allowing contact with the complainant. The earlier you retain counsel, the sooner work can be done to reunite you with your loved ones.

Preparing Your Defence Against Domestic Violence Charges

As with most criminal offenses, it’s crucial to record your recollection and collect evidence as soon as possible, as the police likely have already done so. They may have taken written statements, video interviews, photographs of the complainant and the scene, and collected physical evidence. You should do the same. Write down your memories to refresh your mind during trial months later. Collect photographs, emails, text messages, and any other evidence that may be helpful to your case. All these documents will be useful for Joshua Rogala to prepare your defense and work towards having your charges dropped.

Related Domestic Violence Topics

1. What are available orders the court will make in Manitoba to protect me from a current or ex-spouse?
2. What is self-defence?
3. What are uttering threat charges?