Domestic assault is a type of assault criminal offence that involves individuals with a preexisting relationship. Due to the nature of the preexisting relationship, domestic assault offences are considered some of the most serious types of assault crimes.
Domestic assault involves assaulting a spouse, sibling, parent, grandparent, child, grandchild, or another relative or close family friend. It is not unheard of that some jilted spouses will attempt to use the legal system to get back at their loved one for some wrong, like cheating or wanting to punish them after an argument by filing a false claim of domestic assault.
What the victim is unaware of is that the police are legally obligated to investigate their complaint. They must conduct interviews and determine whether the complaint is valid. If they discover sufficient evidence to support the complaint, whether true or not, they will arrest the suspect.
Some victims rejoice when this occurs because they have punished their partner. They figure they will let them spend a night in jail and go down to the police station the next day to have the charges dropped. However, once the police are involved and have filed charges, the victim no longer has any say over what happens next. Even in cases where the alleged victim has a change of heart after calling the police, they cannot tell the police they changed their mind and stop the investigation.
The police are legally required to investigate the claim even when the victim says they want to withdraw their complaint. Additionally, the victim has no right to decline to press charges when there is sufficient evidence of domestic assault.
When it comes to court proceedings, the alleged victim has no control over the case. The Crown may subpoena the victim to give testimony on the stand. Even if the victim recants their claim of domestic assault in court, the case is not dismissed when there is physical evidence to support the complaint.
We have seen cases that have gone to the Supreme Court when the lower Court has disregarded a recanting victim and did not dismiss the case. In these cases, the Supreme Court sided with the lower Court’s decision to continue prosecuting the suspect.
Furthermore, when an alleged victim recants, they could face criminal charges themselves, such as obstruction or perjury.
In summary, victims of domestic assault have an extremely limited role other than filing an initial complaint, providing evidence of assault, and giving testimony in court. As a result, one should never make a false claim of domestic assault when it has not occurred since they will have no control over the outcome of the case. If you want to get some help from a legal criminal defence lawyer you can contact us.
If you have been charged with domestic assault and want the best outcome possible, get help from a criminal defence specialist who can effectively navigate these challenges. For more personalized support, consider consulting with criminal lawyers in Brampton who can provide invaluable assistance during this difficult time.
Some victims may also benefit from the expertise of the top assault lawyer in to guide them through the legal process. Lastly, if you or someone you know is experiencing domestic violence, it’s essential to understand how to step out from domestic violence safely.