For anyone charged with assault of their partner or spouse, the biggest question on their mind is likely to be “what is going to happen to me and my family?” The answer to that question largely depends on the choices that you make after being charged.
Most domestic assault charges are resolved without going to trial. There are numerous options available for pre-trial resolution of spousal assault, including diversion, peace bonds and guilty pleas. Sometimes, if your lawyer advocates effectively and you fit the criteria, Crown Counsel will enter a stay of proceedings. There are pros and cons to each of those options.
Pre-trial resolution of spousal assault options: Diversion
Diversion is an out-of-court resolution that typically involves some community service and an apology letter. This option is available to some people accused of assault, but it is rare and only granted in special circumstances. Diversion requires you to accept full responsibility for the offence you are accused of.
Section 810 peace bond
More commonly, domestic violence charges are resolved through a common law peace bond or a Section 810 peace bond. A peace bond does not require you to admit guilt to any offence. A Section 810 peace bond is a court order made under the Criminal Code, requiring you to admit to having caused the complainant reason to fear for their safety in your presence. A common law peace bond only requires that you admit that there was an apprehended breach of the peace.
Peace bonds are similar to protection orders in that they usually prevent the accused person from having contact with the complainant, or allow for limited contact. Peace bonds allow you to avoid a criminal conviction, but they put restrictions on your liberty for their duration and they can become an issue if you have an ongoing family court proceeding or your job requires a vulnerable sector check or security clearance.
Guilty plea
The most severe option for pre-trial resolution of spousal assault is pleading guilty to the offence itself. There are usually options available for amending the charge to a lesser offence or entering a plea to only one or some of the charges if you have been charged with multiple offences.
If Crown Counsel is unwilling to agree to a more lenient option and you are able to admit to all of the elements of the offence charged, sometimes a guilty plea is the best option. Sometimes, a guilty plea can help you avoid a criminal conviction on your record, but there are still long-term consequences that flow from a guilty plea.
Before entering a guilty plea to any charge, make sure you speak with a lawyer and find out what your options are. If you have a good case for trial, your lawyer can help you avoid the consequences that flow from a guilty plea or conviction.