Domestic Assault

Domestic assault, sometimes referred to as spousal assault, is a special category of assault involving persons in an intimate relationship. Being charged with any kind of criminal offence is invariably a stressful experience, but these types of charges can be especially trying given the immediate impact upon a person’s living arrangements.

While most people charged will be released by the police without having to appear in court for a bail hearing, that release will typically be on an Undertaking (a legally-binding promise) to have no contact with the complainant while the matter is outstanding. In addition, the person charged will be prohibited from attending at his or her former residence except on one occasion to collect personal belongings. This one occasion will be under the supervision of a police officer and is not an opportunity to collect anything more than the bare essentials. For people who have been in a lengthy relationship, often with children, this can be a very emotional experience.

Contrary to popular belief, the complainant, whether male or female, will have no ability to control whether or not charges are laid. The policy of both the police and the Crown is to lay charges where there is some evidence of an assault, regardless of the complainant’s wishes. That “evidence” may come in the form of physical evidence (eg. marks or bruising) or oral evidence (eg. statements). Or both.

Like any criminal charge, the consequences of a conviction can be devastating and far-reaching.

Wade Jenson is thoroughly familiar with the unique challenges presented in defending persons charged with domestic assault.

The Lawyer
For a lawyer, a criminal conviction can mean the loss of a career. With the stakes so high, Wade Jenson was retained in 2011 to defend a lawyer against a charge of domestic assault. Following extensive negotiations with Crown counsel, the Crown called no evidence at trial. CHARGE DISMISSED

The Roofer
Wade Jenson was retained in 2012 to defend his client against two charges of domestic assault on two different dates. Following cross-examination of the complainant by Mr. Jenson at trial, the Crown counsel abandoned their case entirely and entered a STAY OF PROCEEDINGS

The Victim
Wade Jenson was retained in late 2011 to defend a woman alleged to have assaulted her common-law spouse. Mr. Jenson advocated forcefully his client’s position that she was the victim rather than the perpetrator. As a result of ongoing dialogue between Mr. Jenson’s office and that of the Crown counsel, the charge was discontinued. STAY OF PROCEEDINGS