According to Canadian Law, the punishment for the offender of a domestic violence case differs based on the nature and severity of the crime. The Judge may charge you a penalty as a summary conviction, suspended sentence, 5 to 14 years jail time, etc.
However, if you are looking at what happens to first-time domestic violence offenders, that’s a different case scenario. Although the offender will be discharged if found guilty of a minor injury caused to the victim, s/he will still have to pay a fine or receive probation. If you or someone you know is facing legal issues related to domestic violent crimes, it is crucial to seek the assistance of a professional. A violent crime lawyer can provide the necessary legal guidance and representation.
And the court will look out for any repeat offence to take necessary steps in favour of the victim.
Charges for First-Time Domestic Assault:
As the name suggests, the definition of domestic assault is simple. Whenever there is any assault (sexually/ bodily) involved between the husband-wife, on one’s child, siblings, partners, or common laws, that phenomenon is a Domestic Assault.
The chart below shows the penalty a convict will have to complete in terms of domestic assault.
| Nature of Offence | Charges | Imprisonment |
| Minor | Summary Conviction | 6 months |
| Severe | – | Up to 5 years |
| Sexual Assault/ Bodily Injury | – | Up to 10 years |
| Assault on a Child | – | Up to 14 years |
However, the court may empathize with your case if the assault is minor. And you may also avoid jail for a first-time domestic assault charge. You might be charged with the following penalties for most minor issues other than imprisonment when the court finds the case a first-time assault charge.
Discharged:
The police will arrest the accused person ignoring the severity of the accident. But after presenting the case to court, if they are found guilty of a minor offence, they will be discharged.
However, there will still be minimum punishment, an absolute or conditional discharge. An absolute discharge refers that there will be no criminal record of the conviction.
On the other hand, a conditional discharge means that you have been found guilty, and the Judge has given you some conditions. So, you will have a criminal record if you do not meet the criteria.
No-Contact Order:
One of the most common penalties given by the court after a domestic assault happens once is a no-contact order.
This order will prohibit you from keeping any contact with the victim. Since the victim is the family member in most cases, if you get such an order, you will not have permission to return to your own home until the victim is moved to another place.
Or you may have to change your residence if the situation requires.
Many couples want to get back together without the no-contact order and move on with their life. But the discharge will not be permanent, and the court will still observe your behaviour toward the victim for any further violent occurrence.
Summary Conviction:
When you are accused of domestic violence for the first time, your case may proceed by summary conviction. Whether you are found guilty, you have to pay a fine of up to $5000 if the Judge decides that your charges are not severe enough to get imprisonment.
The fine may differ when the medical or restitution bills go higher or lower.
Suspended Sentence:
For first-time convicts, another standard penalty is the suspended sentence. In this scenario, the court will give you a second chance and replace your prison time with a probation period.
Since the court found you guilty, but the injury is not severe enough to send you to jail, you must fulfill some conditions during the probation period. If you successfully maintain the conditions, you will be free to go.
Conditional Sentence:
The last way to avoid going to jail is to spend the probation time in your own house. Confinement in your own home will allow your family to observe your behaviour and improvement closely.
You need to prove to the court that you understand what you have done was not the right thing to do, and now you have the mental stability to stay with your family again without being violent.
What to Expect During a Legal Proceeding?
Here are the steps that will follow during a domestic violence legal proceeding:
- Step 01: Police Arrest the accused individual
- Step 02: An Arraignment will decide if the suspected person is guilty or not
- Step 03: The accused person will enter a plea
- Step 04: Your Lawyer will arrange pre-trial negotiation
At this point, your lawyer will build the accused individuals case by keeping the following factors in mind:
- Past criminal history
- The severity of the injury
- Details mentioned by the witness
- Any chances of false accusation
- Victim’s violent behaviour history
- Drug or alcohol tolerance of the victim
- Details of explanation for the violence.
Conclusion:
The primary purpose of Domestic Violence laws is to save the victim from violent behaviour in their own house. And in every state in Canada, the police follow a zero-tolerance policy against domestic violence.
Now that you know what happens to first-time domestic violence offenders, you should not stay still and inform the police immediately when you face such violence. On the contrary, if you face a domestic violence charge for the first time, respect the court’s decision and pay for the victim’s medical bills and the damages you have caused in the house.
