Domestic Violence

Domestic violence charges in Toronto

Domestic violence is one of the most common matters in the criminal courts. These offences include, but are not limited to, assault, assault with a weapon, assault causing bodily harm, and uttering threats.

Often it is not a criminal act between partners that brings these cases to court, but a lack of knowledge of the relevant laws. Many people who call 911 on a partner do not realize that the police will arrest and remove that partner from the home, and that the two may not be able to speak or communicate for weeks or months afterward.

Complainants are often unaware of the consequences of their complaint, and in particular that the case does not simply close because they retract it. Other cases involve serious acts that can endanger partners and even children in the home. For these reasons, domestic violence cases require a tactful and skillful approach, and we recognize that not every client wants the same result.

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A personalized approach

Sometimes partners wish to close the case without further harm to one another; other times a client wants to fight false allegations made against them. Whatever the approach, Sourena Sarbazevatan puts your interests and wishes at the forefront and works toward fast, efficient outcomes. However serious or minor the allegations, nothing matters more to us than safeguarding your wishes and your interests.

Call today to book a free consultation and discuss your case privately. You will be glad you did.

What counts as domestic violence

In Ontario, domestic violence is not a single charge; it is a way of prosecuting offences that happen between people in an intimate or family relationship, including current or former spouses, partners, and family members. The underlying charge is usually assault, but it can also include assault with a weapon, assault causing bodily harm, uttering threats, criminal harassment, mischief, or breaching a no-contact order. Because these matters run through specialized domestic-violence courts, they are handled differently from other assault cases.

Release conditions and no-contact orders

One of the hardest parts of a domestic charge comes right after the arrest. An accused person is often released on conditions that forbid any contact with the complainant and require them to live elsewhere, even if they share a home and children. Breaching these conditions, even at the complainant's own invitation, is a separate criminal offence. We move quickly to seek reasonable conditions and, where appropriate, variations that let a family function while the case is resolved.

Can the complainant drop the charges?

A common misunderstanding is that the complainant can simply withdraw the charge. In Canada it is the Crown, not the complainant, that decides whether to proceed, and the case often continues even when the complainant no longer wishes it to. That said, the complainant's wishes and the strength of the evidence do matter, and there are proper channels to bring that information forward. Sourena Sarbazevatan can advise both accused persons and families on how these cases realistically unfold.

How these cases are resolved

Domestic matters can be resolved in several ways, depending on the evidence and the wishes of those involved. Some cases end in a withdrawal of the charge, sometimes on a peace bond, where the accused agrees to keep the peace for a period without pleading guilty. Others resolve through counselling programs such as the Partner Assault Response program, and some proceed to trial where the evidence is tested. The right path depends on the specific facts, and part of our role is to identify the resolution that best protects your interests and your future.

The consequences of a conviction

A conviction for a domestic offence carries the same lasting consequences as any criminal record, and often more. It can affect your employment, your ability to travel, and your immigration status, and it can carry significant weight in any related family court proceedings over parenting or the family home. Because so much is at stake beyond the criminal courtroom, these cases should never be treated as minor, even when the underlying allegation seems small.

First steps if you have been charged

If you are charged with a domestic offence, the first hours matter. Do not contact the complainant, even to apologise or sort things out, if a no-contact condition is in place, because that contact is itself a criminal offence. Do not discuss the allegation with police without a lawyer. Arrange somewhere to stay if your conditions require you to live elsewhere, and keep a copy of your conditions with you so there is no confusion about what you can and cannot do. Then speak with a lawyer as soon as possible, so your interests and your family's are protected from the very beginning.

Why choose Sarbazevatan Law

Domestic cases are emotionally charged and legally complex, and they require a lawyer who is both strategic and sensitive to what each client wants. Sourena Sarbazevatan listens carefully, protects your interests, and works toward fast, efficient outcomes, whether that means fighting false allegations or resolving a matter with as little further harm as possible. He serves the Iranian and Persian communities, with consultations in Persian as well as English. Call today to discuss your case privately.

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