Domestic Violence & Assault Defence Lawyers

Domestic Violence & Assault Defence LawyersMotevalli Law Group has successfully defended numerous assault cases – both simple and complex. Assault allegations may comprise of charges of aggravated assault, assault causing bodily harm and assault with a weapon.

Factors Associated With Domestic Violence

For an individual to be convicted of assault the Crown must convince the court, beyond a reasonable doubt, of the following basic elements of the offence:

  1. That the Defendant applied force directly or indirectly to the Complainant;
  2. That the Defended intended to apply force; and
  3. That the Complainant did not consent to the application of force by the Accused.

If the court is not convinced beyond a reasonable doubt of each of the above three factors, the accused will be found not guilty. Experience defence counsel will ensure the accused achieves the best outcome possible in the circumstances.

DOMESTIC VIOLENCE VS ASSAULT

There are many different variation of an assault charge. An assault which occurs in the context of a domestic relationship is often referred to as Domestic Assault. An assault of a sexual nature is often referred to as Sexual Assault. Aggravated Assault and Assaulting a Police Officer are further examples of more serious assault charges which carry heavier penalties.

An assault charge can be very serious and only an experienced criminal lawyer, knowledgeable in this area of law can provide a personalized approach to your defence.

Self-defence is an available defence to the charge of assault. This involves the use of reasonable force, not excessive force, in particular factual circumstances. Provocation, while not a defence to an assault charge, may be considered as a mitigating factor during sentencing.

At Motevalli Law Group we fight for your rights no matter what the allegations. If you have been charged with a criminal offence, you need a team of experienced criminal lawyers that will defend you from start to finish.

Our criminal lawyers will raise every realistic defence and develop a strategy for your specific case. A criminal charge can have crippling effects, so choose a law firm that has a proven track record of success.

Domestic Assault

Domestic Assault LawyersWhen assault allegations involve a spouse or intimate partner the accused may be charged with Domestic Assault. Domestic Assault involves the use of physical force with the intent to harm a spouse, loved one or a cohabitant.

Allegations of Domestic Assault can be highly traumatizing for everyone involved. Often the complainant will wish to have the charges withdrawn after the police have taken a statement. Unfortunately, after the initial complaint the decision to proceed with charging the accused is not in the hand of the complainant.

When charged with Domestic Assault, courts will impose strict conditions preventing the accused from contacting the complainant and other potential witnesses.

Once charges have been laid, defence counsel will determine whether or not the complainant desires to have contact with the accused. Failure to act promptly may result in the accused being isolated from their family for an undetermined length of time.  

Talk to a Lawyer

A Domestic Assault can lead to a criminal record and even jail time. At Motevalli Law Group we fight for your rights no matter what the allegations. If you have been charged with Domestic Assault, you need a team of experienced criminal lawyers that will defend you from start to finish.

Our criminal lawyers will raise every realistic defence and develop a strategy for your specific case. A criminal charge can have crippling effects, so choose a law firm that has a proven track record of success.

Practice Areas

  • Abduction
  • Aggravated Assault
  • Assault Causing Bodily Harm
  • Assault Police
  • Assault Resist Arrest
  • Assault with a Weapon
  • Assault
  • Sexual Assault
  • Forcible Confinement
  • Threatening Death or Bodily Harm

Recent Success

R v A.V.

2017, Toronto, Newmarket Courthouse

Charge: Domestic Assault

Result: All charges withdrawn.

R v J.A.

2017, Toronto, Brampton Courthouse

Charge: Domestic Assault

Result: All charges withdrawn.

R. v J.S.

2016, Toronto

Charge: Domestic Assault

Result: All charges withdrawn.

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Testimonials

Life happened and I had to call someone at 3 am – only person to answer and he answered so promptly I thought I was talking to a voicemail.

- Sam H.

Excellent service, in the beginning I didn’t know what to think. I would definitely recommend Hossein Motevalli. All charges against me were withdrawn after a 6 day trial was scheduled!

- Lewis L

I was extremely nervous when I was originally charged. Mr. Hossein Motevalli went to all my court dates and was able to have all charges against me withdrawn before trial.

- Gordin M.

I’ve been in and out of court half my life represented by numerous lawyers who were just doing their jobs until I walked into Mr. Hossein Motevalli’s office.

- Ben P.

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