What happens if your family member is charged with spousal or domestic assault and you do not want them to go to jail? Is there anything that you as a family member or complainant can do?
The first thing you will want to do is speak to Crown Counsel. It is important that you voice your views and feelings with the Crown as they ultimately are advocating for both the justice system itself and for you as the complainant. What do you want to see happen to your family member? Do you think they need to get some counselling? What type of counselling do you think will benefit them? Substance abuse? Mental health? Respectful Relationships? Anger Management? All of the above? Do you think that sending your family member to jail will teach them a lesson or can another resolution including a probationary period send the appropriate message? Do you want them to come back home? Is it appropriate for them to come back home? Will you feel protected if your family member does not go to jail? Are you scared that your family member will retaliate if they do go to jail? Are you part of a religious or culture group that has alternative modes of healing that you think would be appropriate for the family member? These are all questions you need to ask yourself as a person with a close personal relationship with the family member.
The second thing you will want to think about and do is support your family member. Write a character reference or a victim impact statement that could be handed to Crown during resolution discussions or handed up to a judge for consideration during a sentencing. Attend that sentencing and sit in the gallery so that your family member or their lawyer can point you out and say you are there to support them. Gather other members of the household who may have witnessed the incident or have a close personal relationship with the accused family member and have them come to court or write a letter of support. A judge will take into consideration the support of family and community members when giving their sentencing decision.
Ultimately, it may not be up to you if your family member goes to jail or not. It can depend on the severity of the assault, any previous history of domestic assault and if the family member is compliant with the conditions they are released on. As a family member, your best option is to make sure your feelings and views are heard. It may not go your way entirely, but you can feel satisfied in knowing you did what you could.
If your family member is charged with spousal or domestic assault and you would like to speak to a lawyer, you can call Acumen Law on 604-685-8889.