Criminal Defense Attorney for Domestic Violence
Criminal Defense Attorneys in Montreal
Need a criminal defense attorney for domestic violence
Criminal Defense Attorney for Domestic Violence
It is our duty to defend your case when it comes to domestic violence charges. Our criminal defense attorneys are deeply committed to vigorously defending each of their clients, regardless of the severity of the offense.
If a domestic violence complaint is filed against you by the complainant or a third party, peace officers will frequently keep you in custody following your arrest in order to ensure the complainant’s safety. You will then appear before a judge within 24 hours. It is important to work with an experienced lawyer who will know how to argue in your favor so that you can regain your freedom throughout the entire judicial process.
Conditions to Respect After Release
When a person is accused of domestic violence and is released following their arrest or arraignment, conditions will be imposed upon them to ensure the protection of the complainant. The enforcement of these conditions can have significant repercussions on the accused, particularly when children are involved. It is not uncommon for an accused person to face restrictions regarding communication with or access to their children. The role of your lawyer is, among other things, to negotiate these conditions so that they remain reasonable for you and are limited to what is truly necessary.
An accusation of a white-collar crime can have
serious consequences .
Special Procedure
The procedure in domestic violence cases is unique in the sense that the prosecutor must always meet with the complainant right from the start to inquire about their intentions. It is important to understand that even if the complainant indicates they do not want to move forward with the complaint or appear in court, it is the prosecutor who has the discretion to proceed with the case. Indeed, in certain cases, there may be third parties, such as neighbors or police officers, who would be ready to come and testify against you. The prosecutor could therefore decide to proceed, even if the complainant withdraws the complaint.
This is where the importance of hiring a defense lawyer comes into play—one who will know how to negotiate with the prosecutor or adequately represent you at trial.
For which domestic violence-related offenses is the role of an attorney essential?
Various Offenses in the Context of Marital Relationships
Although “domestic violence” is a general term, it encompasses several specific criminal offenses, such as assault (simple, with a weapon, or causing bodily injury), threats, criminal harassment, and mischief (breaking an object belonging to the other person). Thus, a person may be charged with several of these offenses simultaneously following a single argument that has escalated. In this context, the authorities have a zero-tolerance policy, and such incidents almost always lead to an arrest.
Your Options and Defense Strategies
Consult our criminal defense attorneys to learn more about the implications of such a case (including how it may affect your access to your home or your children) and your options for a defense (such as self-defense). They can guide you through the legal process, assess the possibility of an alternative resolution (such as an 810 undertaking or “peace bond” ), and help you modify your conditions of release.
How can we help you?
Our team is here to guide you every step of the way with tailored solutions and ongoing support, whether you need advice, technical assistance, or help defending your rights.
The Riendeau Lawyers Team: 20 Years of Expertise in Defending Against Domestic Violence Charges
With several experienced attorneys on staff—some of whom have more than 20 years of experience practicing law—our team is the go-to resource for anyone facing criminal charges in a domestic context.
Over the years, we have developed specialized expertise in domestic violence cases (assault, threats, criminal harassment). This specialization has enabled us to secure numerous acquittals and favorable settlements (such as agreements not to disturb the peace) for our clients, even in situations that initially seemed hopeless. We are well-versed in the technical nuances, the complex negotiation of release conditions (no-contact orders), and the defense strategies necessary to protect your reputation, your freedom, and your criminal record.
But beyond our performance in court, it is our compassionate approach that sets us apart. Recognized for our exceptional ability to listen, we understand that behind every case is a person facing a sudden family crisis, often cut off from their home and loved ones. Our top priority remains the rigorous defense of our clients, minimizing the impact on their families, and achieving favorable resolutions in highly emotional cases.
With our team, you won’t just be a case number; we’ll listen to you, understand you, and vigorously advocate for you.
The Importance of Hiring a Criminal Defense Attorney in Domestic Violence Cases
Are you facing charges related to domestic violence? Consult our experienced criminal defense attorneys to learn about your options. After reviewing your case, we will identify potential defenses and work to develop the necessary arguments to protect your rights, challenge conflicting accounts, and minimize the impact of a guilty plea on your family life.
Why choose Riendeau Avocats to represent you in a domestic violence case?
You’re not automatically guilty
Being the subject of a complaint filed by your partner or ex-partner does not automatically mean you will be found guilty. In these cases, which are often based on conflicting accounts (“he said, she said”), it is essential to consult an experienced legal team to critically analyze the evidence, assess the credibility of the testimonies, and determine your actual chances of success.
Recognized expertise
At Riendeau Avocats, we handle a significant number of cases related to domestic violence each year. We have a thorough understanding of the complex case law surrounding these charges (such as self-defense) and the options for alternative resolutions. If a defense is possible, we will develop the strongest strategy for you.
Defending Your Rights and Working Conditions
If your rights were not respected during the police intervention or your arrest, we will defend them with the utmost rigor. In addition, we work tirelessly from the very beginning to have your release conditions modified (such as restrictions on communication or returning home), in order to minimize the impact on your daily life.
A drunk-driving charge can have serious consequences
Contact us for fast, personalized answers to your questions.
Penalties for Domestic Violence
Types of Offenses
Penalties vary greatly depending on the nature of the alleged acts. In domestic relationships, charges may include several offenses: simple assault, assault with a weapon or causing bodily injury, threats (of death or bodily injury), mischief, or criminal harassment.
Peines et conséquences
Quebec courts enforce a zero-tolerance policy regarding domestic violence. The penalties can be very severe and may include mandatory imprisonment, long periods of probation, a ban on possessing weapons, and the creation of a criminal record.
Tips
Given the serious impact this has on your family life (restricted access to your home or your children) and your professional life, it is essential to protect your rights. Contact our team of criminal defense attorneys immediately to develop a strategic defense and minimize the damage.
Answers to Your Questions About Domestic Violence
Facing an arrest or charges related to domestic violence raises serious concerns, particularly regarding your family, your home, and your freedom. Our FAQ helps you understand the legal process, the conditions for release, and your options for defense, so that you can act quickly and regain control of the situation with the help of our specialized attorneys.
In Canada, there is no specific crime called “domestic violence” in the Criminal Code. Rather, it is an aggravating circumstance that applies to other offenses, such as assault (simple, with a weapon, or causing bodily harm), threats, criminal harassment, or mischief (damaging property).
Non. This is the most common misconception. Once the police have intervened and a report has been filed, the decision to file or drop charges rests solely with the Director of Criminal and Penal Prosecutions (DPCP), not with the victim. Even if the other person refuses to testify, the proceedings can continue.
Absolutely not, as long as a judge has not officially modified your conditions of release. Even if your partner asks you to come back or sends you messages, responding or showing up there constitutes a new criminal offense (violation of the conditions of release).
Failure to comply with the terms of your release will most likely result in another arrest, new charges of violating the terms of your release (which are often more difficult to defend against than the original offense), and could lead to your detention until the end of the proceedings.
Non. There are several ways to avoid a criminal record. Depending on the evidence and your case, it is possible to obtain an acquittal, negotiate a dismissal of the charges in exchange for a commitment to keep the peace (Section 810), or plead for a discharge (unconditional or conditional).
This is a common outcome in cases of less serious domestic violence. This is neither a guilty plea nor a criminal conviction. You simply agree to comply with certain conditions (such as keeping the peace and behaving yourself) for a specified period (often 12 months), after which the criminal charges are officially dropped.
Most domestic violence cases take place behind closed doors, with no outside witnesses. Your attorney will carefully analyze the statements to identify any inconsistencies or contradictions. During a trial, cross-examination of the plaintiff by an experienced attorney is the primary tool for establishing reasonable doubt.
Yes. Self-defense is a full defense under Canadian law. If you used reasonable and proportionate force to protect yourself from an attack (or an imminent threat of attack) by your partner, you could be acquitted.
If children were present, or if they heard the argument that led to the police intervention, the police will automatically file a report with the DPJ. It is crucial to seek proper legal advice to handle this separate matter, which may affect your custody rights.
Non. You have the constitutional right to remain silent, and you are strongly advised to exercise that right. Under stress or emotional pressure, you may provide information that could help the police build a case against you. Immediately ask to speak with a lawyer and do not sign any statement.
A case can take anywhere from a few months (if there is a quick settlement or resolution through an 810 agreement) to more than a year if the case goes to trial. During this entire time, your conditions of release (and often separation from your family) will remain in effect, which is why it’s important to hire a lawyer to expedite the process.
Request a Free Legal Consultation
Phone: 438-391-8367
Courriel : info@riendeauavocats.ca
