What Is Considered Domestic Assault In Manitoba?

In Manitoba, domestic assault is defined by the Domestic Assault and Stalking Act. This act describes both who can be said to commit domestic violence and what acts are considered domestic violence. A person can commit an act of domestic violence against:

• Someone they are cohabitating with or have had cohabitation with in a spousal, conjugal, or intimate relationship
• Someone they have or have had a family relationship with, regardless of whether or not they have lived together
• Someone they have or have had a dating relationship with, regardless of whether or not they have lived together
• Someone who is the other parent of their child, regardless of marital status or whether or not they have lived together

Further, the Domestic Assault and Stalking Act defines the following five acts and omissions as domestic violence:

• An intentional, reckless or threatened act or omission that causes bodily harm or property damage
• An intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or property damage
• Conduct that reasonably, in all the circumstances, constitutes psychological or emotional abuse

• Forced confinement
• Sexual abuse

Acts that qualify as domestic violence under the Domestic Assault and Stalking Act are not charged as “domestic violence” by the federal courts; for example, someone who intentionally hits their spouse would likely be charged with an assault charge by the Crown, rather than a domestic assault charge. This is because the Criminal Code of Canada does not have any crimes that are labelled as domestic assault or domestic violence.

Why the distinction, then? In Manitoba, cases labelled as domestic assault are more likely to result in protection orders and prevention orders – civil remedies that are governed by the Domestic Assault and Stalking Act. These orders can provide victims of domestic assault protection before criminal proceedings occur. 

For more information, read our article: What Is Domestic Violence?

What Happens After A Domestic Assault Arrest?

When a person is arrested for domestic assault, they go through the same steps as someone who was arrested for assault, sexual assault, or another related criminal offence. These steps include:

• Police investigation: After a person is arrested (and sometimes before), the police will investigate to collect evidence. This evidence can include physical evidence like weapons or clothing, documentary evidence like medical reports, and other evidence, including witness statements and surveillance footage.
• Bail hearing: A person who is arrested may be held in custody until a bail hearing can be arranged. Bail hearings are typically arranged within 24 hours. A judge then determines if the accused can be released on bail, and what bail conditions exist. No-contact orders are often included as bail conditions; protection or prevention orders placed by the Government of Manitoba may overlap with no-contact bail conditions.
• Court proceedings: Court proceedings are complex and may include entering a plea, negotiating the dismissal of a case, negotiating reduced charges, and more. Some negotiations lead to what are called plea deals – an agreement to reduce charges in exchange for a guilty plea.
• Trial, sentencing, and appeals: Should the Crown and the Defence find themselves unable to come to a deal, a trial will occur. When a person is found guilty at trial, they are sentenced and may be able to appeal the sentence. 

Court proceedings are incredibly complex; if you are facing a domestic assault charge, you should call a criminal defence lawyer immediately – even before your bail hearing occurs. The sooner you call, the more time your legal team will have to prepare your defence. 

Your Legal Rights After A Domestic Assault Charge

You have several legal rights after you are charged with an offence related to domestic assault:

• The right to remain silent: You do not have to answer any questions or make any statements.
• The right to a lawyer: You are allowed to contact a criminal defence lawyer. Your lawyer can advise you on when to stay silent, when to make statements, and what statements to make and questions to answer. They’ll also start working on your legal defence right away.
• The right to a fair trial: You are innocent until proven guilty beyond a reasonable doubt. As such, you have the right to a fair trial in which the Crown must provide compelling evidence against you; evidence that you and your legal team will have the right to challenge. The prosecution must disclose all evidence that they intend to use in court. 
• The right to a bail hearing: You might not be granted bail, but you have the right to a fair hearing in which a judge will determine whether or not bail can be granted, and what the conditions of the bail will be. You should consult with your criminal defence lawyer before and during the bail hearing. 

The Legal Process For Domestic Assault In Manitoba

The legal process for defending against domestic assault charges in Manitoba is complex. Calling a criminal defence lawyer as soon as possible after being charged is the best way to mount a good defence. Your lawyer will advise you on what to say, when to say it, and what legal strategies to employ.

Once the Crown charges a person with domestic assault, the alleged victim of the assault cannot drop the charges; criminal charges can only be dropped by the prosecution. This means that once you are charged, the only way to get through the process is by negotiating with the prosecution, and if need be, going to trial. 

You might be tempted to plead guilty, or, if you’re innocent, to immediately tell the police your story in order to clear your name. Don’t. Even if you have done nothing wrong, saying the wrong thing can lead to wrongful convictions; have your lawyer with you at all times.

Here’s what a good criminal defence lawyer will do for you:

• Help you prepare statements
• Discuss your options with you – from plea deals to going to trial
• Negotiate with the Crown on your behalf to try to get the charges reduced or dropped
• Negotiate for alternative sentencing
• Ensure that you understand your rights
• Fight for you at your bail hearing
• Assess evidence that can be used to bolster your case
• Fight against inconsistent and inaccurate evidence
• Use procedural knowledge to ensure a fair trial
• Guide you through the legal process
• Represent you in court
• Protect your rights
• Create an in-depth strategy to help you fight back against the charges

Defending Against Domestic Assault Allegations

The defences that can be employed against domestic assault charges in Manitoba vary depending on the nature of the charges. As we mentioned earlier, the criminal justice system and criminal law do not treat domestic assault differently from other types of assault on a federal level; as such, the defence that will be mounted will depend on the type of domestic assault.

Put another way, a domestic assault charge that involves physical violence will be handled very differently from one that involves verbal abuse, and that will be treated differently from sexual assault. Each carries its own criminal charges and maximum penalties; an experienced domestic assault lawyer can help you understand the criminal charges before you, the possible consequences, and the best way to defend yourself.

Beyond that, getting legal representation can also help you determine whether or not to plead for lesser charges or go to trial. Every situation is different, and it is impossible to give legal advice without knowing a case in detail; that’s why it’s important to find a domestic violence lawyer who has handled similar cases to yours. 

Consequences Of A Domestic Assault Conviction

The consequences of a domestic assault conviction vary depending on the nature of the specific criminal offence involved. Consequences can include:

• Jail time
• A criminal record
• Probation
• Community service
• Fines
• Restrictions on firearm ownership
• Travel restrictions
• Immigration restrictions
• Difficulty finding employment

For more information, we have written an article on the consequences of a domestic assault. 

Speak With A Domestic Assault Lawyer In Winnipeg

Matt Gould has experience defending clients accused of domestic violence. If you need a domestic assault lawyer,  you can call us 24 hours a day, 365 days a year.