What are ten undeniable facts regarding domestic violence attorneys in Ontario?
1) If the domestic violence attorney is representing the victim, then they can attempt to retrieve a restraining order. A restraining order will force the defendant to remain at a certain distance from the victim at all times to ensure both safety and peace of mind for the victim.
2) In addition, the lawyer can also file for a domestic violence lawsuit against the defendant, in which the victim can recoup financial support after facing medical expenses, and pain and suffering from the domestic violence.
3) After a domestic violence incident, divorce may be the only alternative and a Criminal lawyer Kitchener can assist with this in Ontario. For instance, the lawyer can help you apply for divorce lawyer, assist with legal advice and also prepare an argument on property delegation and child support responsibility if one parent loses partial or full custody over their children.
4) A domestic violence attorney in Ontario can negotiate to drop the charges of the defendant. For example, a victim of domestic violence may want to avoid a trial and put the violence they faced behind them.
5) How can a domestic violence attorney in Ontario aid a defendant? Hiring a domestic violence attorney as soon as possible will help your case. Indeed, an attorney will educate you on court procedures, provide crucial advice for legal protection in or outside of the jail and the police station as well as instill confidence that a strong defense will be argued in court.
6) Domestic violence lawyers can mitigate the defendant from incriminating themselves. Once arrested, anything you say or do can be used against you in a court of law, therefore hiring a defense attorney will protect you from police interrogations and other police tactics.
7) The main goal of a domestic violence attorney is to aggressively pursue the case to drop the charges against the defendant. However, the success of this outcome is dependent on the type of lawyer you choose. For instance, it is highly recommended you choose a lawyer with the proper expertise, a robust court record and one who understands your needs throughout the entire legal process.
8) A domestic violence lawyer can defend against the installment of a restraining order based on the drawbacks that may be placed on the defendant. For example, if you and your partner work in the same building and a restraining order will cause you to be unemployed then amendments can be made to create a flexible order, in which you can remain employed (especially if you have dependents relying on you for food and housing needs).
9) What prediction types can a domestic violence attorney make regarding the case outcome? The domestic violence charge could be withdrawn based on legal technicalities, an agreement may be reached (i.e. probation, peace bond or a diversion) or the case goes directly to trial.
10) What must the domestic violence attorney establish in trial to effectively defend their client? Firstly, is that the charge is an isolated event, secondly, the domestic violence was out of character for the defendant, and thirdly the abuse will not be repeated. We now have a better conceptualisation of the duties, responsibilities and various defence strategies that may be adopted by domestic violence attorneys in Ontario.