Consequence of the First-Time Domestic Assault in Canada

There are several consequences. Domestic assault is a significant issue in Canada that impacts countless individuals’ safety and well-being. The impact is even more critical than physical abuse. Why is this an important issue?

The answer is domestic assault leaves emotional scars, affecting the spouse’s and children’s mental health. But what if you are wrongfully charged with domestic abuse?

Canadian law imposes strict penalties for offenders. To combat the aftermath, you must know the first-time domestic assault charge in Canada.

Hence, we will discuss the punishment for domestic violence in Canada while answering some of the most anticipated questions. Welcome aboard, and let’s get into the details.

Domestic assault has severe consequences for the victim, the offender, and the community in Canada.

Domestic assault comprises any form of physical or sexual violence between intimate partners. The assault can include hitting, kicking, slapping, choking, sexual assault, etc.

Read our in-depth article about Domestic Assault Charges in Canada.

For Canadian citizens, domestic assault can have a depressing impact on the victim physically and emotionally. Fortunately, anyone can press charges against domestic violence.

The consequences of a first-time domestic assault conviction can vary depending on the severity of the assault and the offender’s criminal history. However, even a first-time conviction can result in jail time, fines, probation, and other penalties.

Why is this question important? Actually, the consequences of a first-time domestic assault conviction can vary depending on the severity of the assault. The severity can point out how serious an assault charge is in Canada.

• Brutality: The amount of force used to conduct the attack. The accused can injure the victim unfixably, keeping the scars forever.
• Injury: The jury will observe the extent of the victim’s injuries, how those took place, and how complicated the medical treatment is.
• Weapons: The presence of the weapons is crucial, as the attacker can use sharp, blunt, and fiery weapons as well as chemicals.
• Intention: The offender’s intent can significantly affect such cases.

Furthermore, the offender’s criminal history is also considered when determining the sentence. You can check out how long an assault charge stays on your record in Canada to become aware of the fact.

The penalties for a conviction of domestic assault depend on the nature and extent of the crime. Plus, the personal background of the offender is essential. Trust may result in a particular prison time depending on various factors.

• Up to two years less a day for a summary conviction (minor offences)
• Up to five years if the Crown elects by indictment (serious violations)
• Up to ten years for sexual assault or assault causing bodily harm
• Up to 14 years for aggravated assault (or if the victim is a child under 16 years)

You will be glad to know that absolute or conditional discharge does not result in a criminal record. But, the offender may be required to keep certain conditions.

• The offender can pay a fine or get counselling to restore his mental state.
• The offender can attend counselling sessions.
• The offender can stay away from the victim.
• The offender loses weapons from his possessions.

Summary conviction is considered the less severe type of conviction that can result in up to two years less a day in jail. Also, the offender might be required to pay a fine.

Will I go to jail for a first-time assault in Canada? The sentence for a summary conviction will depend on the severity of the domestic assault. For example, a simple assault may result in a fine, while a more severe assault may result in jail time.

The Suspended sentence does not send the offender directly to jail but is instead placed on probation. The offender may be sentenced to jail time after violating the terms of their probation. Despite being a less severe option than jail time, it still carries the possibility of jail time.

A conditional sentence keeps the prisoner under house arrest for a certain period. In addition, they need to complete other conditions, such as attending counselling or paying a fine.

Is it a good option as punishment for domestic violence in Canada? We think the best! A conditional sentence order allows the offender to remain in the community while serving their sentence.

The first-time domestic assault charge in Canada can have significant consequences in real life apart from the legal order.

The person can suffer from the following outcomes:

1. Loss of Employment: The offender can lose the job from the workplace, and others can ignore his/her application once checking the police record.
2. House Rent: No one wants to give rent to a person who violates the law as well as the environment of the community by domestic abuse.
3. Loan Obtaining: Banks do not give loans to people who might get arrested and sentenced for possible domestic violence.
4. Travel Restrictions: Going to any place or keeping equipment can be much more difficult for people convicted of domestic violence.
5. Social Stigma: People avoid domestic offenders and think them dangerous for their families and children.

The consequences of a first-time domestic assault in Canada can be severe. But do not worry at all!

There are also several options available to offenders willing to defend the case or take responsibility for their actions.

You should contact a reputable law agency for the best support. Also, several resources, such as counselling and rehabilitation programs, are available to help offenders restore their balance.

FAQs

Domestic assault refers to any form of abusive behaviour that occurs within family life in Canada. The violence includes physical, emotional, sexual, or economic abuse to any one of the spouses. And the assault can involve hitting, kicking, slapping, choking, sexual assault, etc.

First-time domestic assault charges in Canada can vary due to the evidence and amount of the violation. The accused can face jail, summary conviction, suspended sentence, conditional sentence, or social stigma from the community.

Domestic assault can have both emotional and psychological effects on victims. Even the incidents can lead to anxiety, depression, and post-traumatic stress disorder (PTSD). The victims have low self-esteem, are fearful, and do not trust anyone after the violence.