What Happens When A 911 Call Is Received For A Domestic Assault

Domestic assault is a very delicate situation and a common one. Domestic assault related charges and impaired driving charges probably make up 90per cent of the daily work load in any court.

When the police receive a 911 call from anywhere, the police will attend, and if it is in relation to a domestic assault, somebody, 95 per cent of the time, will be leaving with the police and be charged. They may very well just separate the couple and let common sense prevail and emotions settle, but very often somebody is charged. The police take many things into account when assessing the situation: the persons’ personalities, the presence of alcohol, anger issues, or a prior record of this behaviour with these people. They may give a warning, they may lay a minor charge like breach of the peace, or they may make a formal charge like assault.

Though the police have a duty to investigate, they don’t have to question all parties. They may speak to just one side, which may be more co-operative than the other. They also may not wish to speak to the person who is likely going to be the accused. They are in an awkward position, but they have to respect the accused’s right to remain silent.

A charge of domestic assault can fall into many categories: domestic assault under section 266, or assault with a weapon, aggravated assault, assault causing bodily harm, which are more serious but related assault charges. There could also be charges of uttering a threat, mischief to property, damage to property, or criminal harassment. If an individual is facing any of those types of charges, my advice is to stay silent and let the lawyer deal with it.

If you, or someone you care about, is dealing with criminal law issues in the Ottawa, Ontario Region, contact Engel and Associates for a consultation.

This article is taken from a September 11, 2007 interview with Bruce Engel, Criminal Lawyer with Engel and Associates, an Ottawa, Ontario Criminal Law Firm. Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.