Domestic Violence Lawyer
Montreal Domestic Violence Lawyer
Montreal domestic violence lawyer Steven Slimovitch achieves positive results for his clients facing domestic violence charges by employing a number of effective strategies that often result in the charges being withdrawn by the prosecution or dismissed in court by the judge.
When is it time to call a Domestic Violence Lawyer?
Domestic violence often arises in an unexpected, heated, and often emotionally charged, dispute. A conviction for domestic violence carries serious employment, travel, immigration, and relationship consequences. When confronted with allegations of domestic violence, hiring experienced a persuasive domestic violence lawyer for legal counsel is vital to a successful defence outcome.
How is Domestic Violence Defined?
A person need not harm someone for domestic violence to occur. A person may commit domestic violence although that person exerts no degree of strength or power when touching the victim. Yet in order to be convicted the force must always be offensive or an affront to an individual’s dignity. For example, a simple push or pinch in some cases may be sufficient to establish a domestic violence.
Being arrested for the first time
Most people arrested for domestic violence are being arrested for the first time. So it can be quite a shock to be booked into custody, spend an uncomfortable night in cells, and then get released the following day on the conditions that you move out of your house and have no contact with your wife or girlfriend and sometimes even your own children.
If the couple is planning on staying together, these cases have to be handled delicately and diplomatically so that going through the legal process does not further damage the relationship. Often the first step in these cases is to try and change the terms of release to permit your return to the family home. There are a variety of options apart from going all the way to trial to resolve the case in a way that does not saddle you with a criminal record. These would include a diversion, a peace bond, or a discharge. The availability of these options varies depending on the handling of the case, the underlying facts, and the jurisdiction in which you are charged.
A traumatic and painful experience
Being charged with any type of assault allegation is a traumatic and painful experience. Those charged with domestic assault will face additional challenges due to the fact that the court system will try to prevent accused persons from contacting or residing with their loved ones while their cases slowly negotiate through the maze of the criminal justice system. Those found guilty of domestic related assaults also potentially face stiffer sentences.
Zero tolerance policy
Right from the start, the police, prosecutors, and the judges all apply a rigorous zero tolerance policy to domestic assault cases, regardless of whether or not the complainant wishes to see the charges prosecuted in court.
One of the best ways to ensure that you do not end up as a casualty of these zero tolerance policies is to hire a criminal lawyer familiar with defending domestic assault cases.
Mr. Slimovitch often works alongside family law lawyers who are experienced with high conflict divorces where special expertise is required to fend off false or misleading allegations, and then we are able to work with family law counsel to develop a comprehensive approach to protecting and thus defending our clients. Any criminal charge changes someone’s life in a profound way and causes extreme stress and emotional harm. We understand this and we work with our clients to provide not just strong defences to criminal charges but also to help provide a support system for our clients to help them through some of the most traumatic times in their lives.
Consequences of a Domestic Violence Conviction
The consequences of being found guilty of domestic violence are significant. Upon a finding of guilt, one may receive a criminal record and be sentenced to a period of incarceration. Generally, the greater the harm suffered by the victim, the harsher the penalty.
What Steven Slimovitch Can Offer You
When you or someone you know has been charged with domestic violence, it is important to retain the services of an experienced criminal defence lawyer as soon as possible. Steven Slimovitch is a highly skilled and experienced criminal defence lawyer with a very impressive track record in this area. He has defended countless people accused of domestic violence and has successfully supported them throughout the legal process and enabled them to get their lives back on track.
Frequently Asked Questions
What should I do immediately if I am accused of domestic violence?
Remain calm and avoid contact with the alleged victim of domestic violence, even if you think you can clarify the situation. Any contact could violate the terms of your release and aggravate your case. Consult a lawyer immediately to find out your rights and obligations. It is essential to strictly comply with any order or condition imposed by the court or the police, especially in a context of violence between intimate partners.
What is consent in a case of sexual or domestic violence?
Consent must be given freely, voluntarily, and with full knowledge of the facts. Any form of violence, pressure, threat, intimidation, or psychological manipulation nullifies consent. The withdrawal of consent at any time must be respected. Failure to comply may result in criminal charges in cases of domestic violence. This concept is particularly important in intimate relationships between intimate partners.
What are the different forms of domestic violence?
Domestic violence is not limited to physical violence. It can take many forms, often in combination, and can evolve over time.
The main forms of domestic violence are:
- Psychological violence: insults, humiliation, threats, isolation, constant denigration and intimidation.
- Verbal violence: shouting, swearing, repeated degrading comments.
- Physical violence: hitting, shoving, pinching, strangulation, or any other physical act.
- Sexual violence: forced intercourse, pressure to have sex, refusal to use a condom, sexual humiliation.
- Economic violence: control of money, prohibition from working or managing finances, financial exploitation.
- Coercive control: a pattern of violent behaviour aimed at dominating and controlling the other person, often through fear, threats, or manipulation.
Can a restraining order be issued against me in a case of physical or psychological violence?
Yes. The court may impose a no-contact order or a commitment not to disturb public order in order to protect the victim of domestic violence. This order may prohibit all contacts, including indirect contact, and include other specific conditions. Failure to comply with these conditions constitutes a criminal offence.
What are the possible penalties for domestic violence?
Penalties vary depending on the severity of the offence and the offender’s criminal history.
They may include:
- a fine,
- probation,
- community service,
- or imprisonment.
A conviction for domestic violence also results in a criminal record, which can affect your employment, immigration status, and freedom to travel. Domestic violence often has serious personal, legal, and social consequences.
How can a domestic violence charge affect my custody rights?
Any charge in a context of domestic violence can have a significant impact on your parental rights. The courts always prioritize the best interests of the child. If the judge believes that there is a risk to the child’s safety, they may:
- Restrict your access rights,
- impose supervision of visits,
- or even suspend all contact.
This also applies in cases where children are victims of domestic violence or exposed to a domestic violence dynamic.
How can a lawyer help me in a domestic violence case?
A lawyer can:
- Represent you at every stage of the legal process,
- ensure that your rights are respected,
- challenge the charges, or
- negotiate more lenient release conditions.
They can also explore alternatives such as mediation or a treatment program, which are particularly useful in certain cases of violence between intimate partners. When it comes to domestic violence, prompt legal assistance can make all the difference.
Can I contact you at any time if I am arrested or charged with a crime?
Yes. Steven Slimovitch is available 24/7 for urgent criminal matters. If you are arrested or charged, you can call at any time to receive immediate legal assistance. Acting quickly can be critical to protecting your rights.
Will you represent me immediately if I contact you after an arrest?
Absolutely. Steven Slimovitch can act on your behalf right away. Having a lawyer present from the earliest stage helps ensure that your rights are respected and can significantly impact the outcome of your case.
Do I need to meet you in person to start working with you?
Not necessarily. In urgent cases, initial consultations can often be done over the phone or by videoconference. Steven Slimovitch will work with you to find the fastest, most efficient way to begin your defence.
How quickly can you start working on my case?
Immediately. Upon your first contact, Steven Slimovitch will start assessing your situation and advising you on the next steps to take. Early intervention often makes a major difference in criminal matters.
Do you handle cases outside of Montreal?
Yes. Although based in Montreal, Steven Slimovitch regularly represents clients across Quebec and can discuss handling cases elsewhere depending on the circumstances.
Legal Fees
Steven Slimovitch offers a free initial consultation in order to properly assess your particular situation and circumstance.
Legal fees are determined either on a per-hour billing rate or a flat fee basis. We will always provide you with an accurate estimate of the potential financial costs associated with your file.