Getting arrested during divorce can lead to issues, such as losing custody of your children. Criminal law often goes hand in hand with family law. Emotions can go high during a divorce, sometimes bringing out the worst in people.

I hope none of you ever need this article, but if you do, here is an explanation of criminal law in Canada. Divorce can be an emotionally charged and tumultuous time, and it’s not uncommon for disputes to escalate, leading to one or both spouses getting arrested. If you find yourself in this situation, it’s important to know how to handle it to avoid further legal complications and protect your rights.

Cooperative with the police

First and foremost, it’s crucial to remain calm and cooperative with the police. Even if you feel you’re being wrongfully accused, arguing or resisting arrest will only worsen the situation. You should comply with the police officers’ instructions and avoid making statements that could incriminate you. Remember that anything you say can be used against you in court.

It’s also important to know your legal rights. You have the right to remain silent, and you should exercise that right until you have legal representation present. The police may pressure you into talking or making a statement, but you should politely refuse and wait for your lawyer to arrive.

If you get arrested during a divorce, you must notify your attorney as soon as possible. Your lawyer can provide you with legal guidance and represent you in court. They can also help you understand the charges against you and the potential consequences you may face.

Arrested during a divorce

Another critical step when getting arrested during a divorce is documenting everything that happened. Write down the officers’ names, the time and location of your arrest, and any other details you can remember. This information can be critical in building your defence and proving your innocence.

It’s also important to stay focused on your long-term goals. While getting arrested during a divorce can be a setback, it doesn’t have to define your future. With the help of an experienced divorce attorney, you can work to protect your legal rights and secure the best possible outcome for your case.

Top Tips to Steer Clear of Legal Trouble: Avoiding Arrest

Getting arrested during a divorce is a serious matter that requires careful attention and action. If you are in this situation, remain calm, know your rights, and seek legal representation as soon as possible.

By taking these steps, you can protect your legal rights, avoid further legal complications, and work toward a positive outcome for your divorce case. Remember that getting arrested doesn’t have to be the end of the road. With the right approach, you can move forward and rebuild your life.

What is considered domestic violence in Canada?

Domestic violence is a pervasive issue in Canada, encompassing any form of abuse or violent behaviour within an intimate relationship, whether current or former.

The forms of abuse may include physical, sexual, emotional, or financial and can involve a combination of these. In addition, it may consist of harassment, coercive behaviour, stalking, or even the use of technology to exert control or intimidate a partner.

Canadian law takes domestic violence seriously, recognizing that anyone, irrespective of gender, age, ethnicity, religion, or sexual orientation, can be a victim of this crime. The Criminal Code of Canada outlines various types of domestic violence, including assault, sexual assault, uttering threats, harassment, and criminal harassment.

Navigating Arrest Situations Amidst Divorce

It is crucial to understand that domestic violence is a severe offence and that the victim is never to blame. If you or someone you know is experiencing domestic violence, seeking help is crucial. You can contact the police or a domestic violence hotline in your area to get immediate support and assistance.

It is vital to break the cycle of domestic violence and create a safe environment for all. The support and resources available can help individuals protect themselves and their loved ones and put an end to this heinous crime.

How serious is domestic violence in Canada?

Domestic violence is a pervasive issue in Canada that affects families and individuals, causing severe physical, emotional, and psychological harm that can have long-lasting impacts.

In 2019, there were over 118,000 police-reported incidents of intimate partner violence in Canada, and this figure does not reflect the incidents that went unreported or were handled outside the criminal justice system.

The pandemic has further heightened the prevalence and severity of domestic violence, with some regions reporting an increase in cases during lockdowns and isolation measures.

Coping with Arrest While Undergoing Divorce

The Canadian government and law enforcement agencies are committed to taking domestic violence seriously, and it is a criminal offence under the Criminal Code of Canada. The law recognizes that domestic violence can happen to anyone, and the authorities are committed to holding the perpetrators accountable for their actions.

To help victims of domestic violence, Canada offers several support services, including shelters, counselling, legal aid, and financial assistance. These services help individuals to safeguard themselves and their families and initiate the process of recovery and healing.

Domestic violence is a pressing issue in Canada, and it is crucial to continue raising awareness and providing support to prevent and end this type of violence. Together, we can work towards creating a safe and violence-free environment for all.

The Criminal Code of Canada

• Summary Conviction offences
• Hybrid offences
• Indictable offences

Every offence has different penalties and other ways to deal with it. The accused must be represented by a criminal lawyer. The lawyer should have a working knowledge of the court’s processes and relevant legislation. Whenever a person is charged with an offence, a document called “Information” is sworn. This information sets out all the charges laid against the accused person.

There is a process for swearing the information, but it is beyond the scope of this article. In this article, I shall discuss three kinds of offences listed in the Criminal Code of Canada and how they are dealt with under the law.

Addressing Arrest Issues During Divorce

Summary conviction offences, such as causing a disturbance, are the less severe offences and warrant the lowest penalties. Sometimes, the Crown offers diversion—a legal course to resolve the charge (s) without getting a criminal record. A person charged with a summary conviction is generally not arrested unless found committing the offence. The police officer often gives such an accused notice of appearance, compelling him or her to appear in court on a specific date and time.

In summary of conviction offences, it is notable that information must be laid within six months of committing such crimes. Under the Code, a person found guilty of an offence punishable on summary conviction is liable to a fine of not more than $5000 or a term of imprisonment not exceeding six months or both. If you made a big mistake and got yourself arrested, contact us.

HYBRID OFFENCES

In Hybrid offences, such as Assault under S. 266 of the Code, the Crown may elect to proceed either by summary conviction or as an indictable offence. This Crown’s decision is based on different factors, such as the seriousness of the offence. Until the Crown has been elected, the offence will be considered an indictable offence for bail and all other interim processes.

Information regarding the Crown’s election is generally given in the charge screening form – part of the disclosure. It is worth mentioning that if the trial of an accused person in a hybrid offence proceeds before a summary conviction court and the Crown has not elected, there is a presumption in the law that the Crown has elected to proceed through summary conviction. Getting arrested during a divorce complicates matters.

INDICTABLE OFFENCES

Indictable offences are the most severe offences due to their nature, such as “murder”. A person charged with an indictable offence will be arrested when the police form reasonable grounds. This means they believe the accused person has committed or is about to commit an indictable offence. If such an accused is arrested, he or she will be brought before the court within 24 hours of his or her arrest.

It is recommended that the accused should avail of legal representation at all stages of his or her case. Notably, there is no limitation period for indictable offences. The police can charge a person accused of an indictable offence, even after years of its committing.

Three Ways to Proceed By Indictment

Absolute Jurisdiction offences, such as theft under $5000, are spelled out in S. 553 of the Criminal Code of Canada. Ontario Court of Justice has “absolute Jurisdiction” to deal with these offences. There is no jury trial available in such cases. The accused can neither elect the trial mode nor get a right to request preliminary inquiry.

Indictable offences, such as murder, are governed by S. 469 of the Criminal Code of Canada, and the Superior Court of Justice has exclusive jurisdiction over such crimes. The accused charged with such indictable offence (s) has the right to a preliminary inquiry, and the trial is conducted before the judge and jury.

Dealing with Legal Arrest Challenges in Divorce

Section 554 of the Criminal Code of Canada enumerates all indictable offences that do not fall under s. 553 or s. 469. In these indictable offences, the accused gets a wide choice to elect the proceedings of his or her case. The accused has the option either to elect his trial before a judge of the Ontario Court of Justice or the Superior Court of Justice, which consists of a judge and jury or a judge alone.

The defence and the Crown can request a preliminary inquiry before the Ontario Court of Justice. Although the accused is charged with criminal offences or offences that can be self-represented, it is crucial to avoid any implications.

How Not to Get Arrested During Divorce

For issues such as immigration or criminal records, it is always recommended that the accused person be represented by a lawyer who has working knowledge of the criminal courts’ proceedings. A criminal lawyer should be competent to defend his or her client’s case effectively and protect the accused’s rights under the law.

This is true whether in an action of contract, negligence or another tort. No damages will be awarded arising out of or in connection with the use of the information given in this article. Getting arrested during divorce can lead to custody issues. Reach out to a law firm for help.

Which province has the highest rate of domestic violence in Canada?

Domestic violence is a significant issue in Canada that impacts all provinces and territories. While certain regions report higher rates of domestic violence than others, it is essential to recognize that domestic violence is not limited to any specific area or demographic.

According to Statistics Canada’s 2019 report, Saskatchewan had the highest rate of police-reported intimate partner violence, with a rate of 383 incidents per 100,000 population. Manitoba and Yukon also reported high rates of police-reported domestic violence, with rates of 333 and 330 incidents per 100,000 population, respectively.

These statistics may not represent the full extent of the issue, as many cases may go unreported or unaddressed outside the criminal justice system. The pandemic has had a noticeable impact on domestic violence rates, with some regions reporting an increase in incidents during lockdowns and isolation measures.