Domestic Violence
Lawyer
Legal support for victims of domestic violence
If you’re experiencing domestic violence, it’s important to know you have the right to access legal support. A domestic violence lawyer can provide you with the expertise and help you need to face this difficult situation. You are not alone in this battle. Let a Montreal domestic violence lawyer guide you through every step of this challenging legal process.
What is domestic violence under the law?
Canadian law does not specifically identify “family violence” (sometimes referred to as “intimate partner violence” or “domestic violence”) as a criminal offence. What differentiates domestic violence from other criminal acts is that the aggressor and the victim share or have shared an intimate relationship. The term “intimate relationship” covers a very wide range of situations: it can be a marriage, a romantic relationship, family ties (especially between adults and children), dating relationships, or even roommates. Domestic violence therefore encompasses a range of criminal behaviors which, when they occur within the context of an intimate relationship, are considered punishable acts.
These acts may include threats, physical assault or sexual assault, stalking, confinement or suffocation. It should also be noted that domestic violence crimes do not have to involve only physical violence. Acts of psychological, emotional or mental abuse can also be considered domestic violence if the elements of an intimate relationship are present. Behaviors such as verbal threats, mental manipulation or ongoing humiliation are forms of domestic violence that can have serious consequences for the victim.
What should you do if you are a victim of domestic violence?
If you are a victim of domestic violence, the first thing to do is to get away from the danger. Put your safety first and, if necessary, contact the authorities and report the assault. If an arrest is made, this may lead to an investigation and the opening of a domestic violence case.
It’s important to consult a domestic violence lawyer as soon as possible. They can help you understand the steps in the legal process and decide what would be the best strategy: to file a complaint, request a protection order or participate in criminal or civil proceedings.
The police will open an investigation, and you will be supported by a lawyer to make sure that your case is managed properly. If you are a victim, you may also have access to legal aid under certain conditions.
What are the penalties for intimate partner violence?
Penalties vary according to the seriousness of the acts committed. If the perpetrator of domestic violence is charged with assault, sexual assault, threatening violence or any other criminal act, they may face a severe criminal sentence. The judge may impose a prison sentence, fines, as well as a ban on contacting the victim or going to certain places.
If the assault has caused serious injury or is recurrent, this may be considered an aggravating factor in the perpetrator’s conviction. Penalties can range from several months to several years in prison, depending on the situation. What’s more, any conviction can result in a criminal record, which can affect the perpetrator’s day-to-day life, particularly when dealing with various administrative formalities.
What is the role of a domestic violence lawyer?
A domestic violence lawyer plays a key role in protecting your rights and managing legal proceedings. They will help you understand the law, get proof, and defend yourself in court. A domestic violence lawyer can :
- Meet with you to explain what your rights are.
- Provide help throughout the legal process, explaining the steps involved and what you can expect.
- Go to court for you and argue your case.
- Help put safety plans in place to protect you and your children.
- Create a case file and monitor its progress through the legal system.
Acting quickly is vital in cases of domestic violence. Consulting a lawyer early on will help you prepare for legal proceedings and increase your chances of success.
Why choose MedLégal for your case?
MedLégal is a law firm that specializes in defending victims of domestic violence in Montreal. Our team of expert domestic violence lawyers is here to help you through every step of your legal case.
MedLégal’s strengths :
- Expertise and experience: Our lawyers have many years of experience in handling domestic violence cases and a proven track record in defending victims.
- Personalized support: Every case is unique. MedLégal is committed to offering a personalized approach, based on your unique situation, in order to find the best solution for you.
- Victim protection: Our lawyers make it a point of honor to guarantee the safety and rights of victims.
- Transparent legal process: We keep you informed at every stage of the proceedings, and offer regular monitoring of your case’s progress.
- Free legal consultation: We offer a free initial consultation so you can ask us questions and decide whether you need our help.
Frequently asked questions
What should I do if my partner has threatened me with violence?
If you’ve been threatened with violence, it’s important to take these threats seriously. You should immediately contact the authorities and consult a lawyer. It’s important to file a complaint and do everything you can to stay safe.
Does domestic violence always result in arrest?
No, domestic violence does not always result in an arrest. However, if there is enough evidence, the police could eventually make an arrest. A lawyer can help you better understand what could happen, depending on your situation.
What happens if I decide to file a complaint?
If you file a complaint, the authorities will begin an investigation and, depending on the evidence, domestic violence charges may be brought against the abuser. A specialized lawyer can guide you through this procedure.
What if the violence takes place in the presence of children?
When children witness domestic violence, it can have serious consequences for the course of legal proceedings. The courts will take this into account when assessing the case. A specialist lawyer can advise you on what steps to take to protect children and secure their well-being.
Can the aggressor be sentenced to prison?
Yes, if the offense is serious enough, the person who committed it could go to jail. The circumstances of the assault, the injuries and the perpetrator’s history of violence all play a role in determining this outcome. A lawyer is crucial for ensuring all procedures are followed correctly.
Call on a lawyer specializing in domestic violence
If you’re experiencing domestic violence, contact a specialized lawyer who can help you protect yourself legally. MedLégal in Montreal has domestic violence lawyers ready to provide the necessary legal support. Don’t let the violence continue: contact a personal injury lawyer today to protect your safety and your rights.