Domestic Violence Lawyer in Winnipeg
Domestic or spousal violence is treated especially seriously in the criminal justice system.
Law enforcement agencies in Manitoba have a “zero-tolerance” policy in effect for all domestic violence. Accordingly, if a domestic violence allegation is made and police have reasonable grounds to believe it to be true, the person implicated will be charged. Police do not have the discretion to do anything short of this. Once the charge is laid, only the Crown Attorney’s Office can choose to drop the charge – the alleged victim cannot drop the charge him or herself.
Domestic violence charges often include varying degrees of assaults, ranging from simple assault, assault with a weapon, assault cause bodily harm, and aggravated assault. They may also include allegations of uttering threats, disobeying protection or no contact orders, criminal harassment and stalking, among other things. All of these charges warrant hiring a lawyer to get the best results.
Manitoba has specialized courts that hear domestic violence matters given the unique considerations that accompany this type of charges. The Crown Attorney’s Office also has designated domestic violence prosecutors that try these cases. Accordingly, persons charged with domestic violence need someone on their side with expertise in this area of law that can defend their interests. The lawyers at Brodsky Amy & Gould will do that. Let us help you avoid a criminal record that will effect your education and employment prospects, travel outside of Canada, and family court proceedings including child custody.
DISCLAIMER: The information provided above is designed to provide basic legal information only. For legal advice, contact one of our highly-trained lawyers immediately.
What is Domestic Violence?
- the mode of violence: physical, psychological, sexual and/or social;
- the frequency of violence: one time, occasionally, chronically; and
- the severity of violence: psychological/physical harm, need for treatment, transitory/permanent injury.
What Steps Can I Take?
Common tricks are for a police officer to say something like, “Look, if nothing happened, just tell us and you’ll be okay,” or, “It’s your right not to say anything, but I know if I was accused of beating my child and I hadn’t done it, I’d sure want my version on the record,” or, “Let’s go outside for a walk in the hall, just the two of us, no notebooks,” or, “If you talk to us now, things will be a lot easier on you later.” Do not give a statement; instead insist on contacting a lawyer. If you do not wish to contact a private lawyer, you can speak with legal aid duty counsel, available 24 hours.