What is Domestic Violence?

What is Domestic Violence?

When using violence, by threatening to attack life or the body, by dishonest or ruthless behavior endangering tranquility, the physical integrity or mental state of a member of his / her family is considered to have performed the basic form of this criminal offense against marriage and family. The criminal law firms toronto have exactly what you need.

Which means that the act was committed if someone endangers the serenity, physical integrity, or mental state of a member of his / her family, and it is sufficient that the perpetrator committed only one of the acts of violence, threat, resentment or recklessness. The enforcement agent is any of the family members, the law does not specify them, but it should be considered to include spouses, their children, ancestors of the spouse in the right line of blood relationship, extra-marital partners and their children, adopter and adoptee, feeder and feeder, as well as brothers, sisters, their spouses and children, their former spouses and their children and parents of former spouses, but the condition is to live with a victim in a common household. But also persons with a common child or a child on their way to be born, although these persons did not live in the same family household.

The penalty provided for the basic form is a prison sentence of 3 months to 3 years.

As a form of virtue in order for someone to be responsible for their violent acts, it is necessary to think that the perpetrator is always aware of his acts, ruthless and violent behavior and that he will (willingly) do such a thing.

A severe form of domestic violence occurs when the perpetrator used weapons, a dangerous weapon or a device similar to the body in the execution of this criminal offense, such as to severely harm the body or health, such as a tool, a metal rod or a wooden one, and even a pistol, a knife, aN ax, a weapon, stick, pole, bigger stone, fairies, ash, sword. In this case, the enforcement agent will be punished by a fine of six months to five years in prison.

The even more severe form of this criminal offense exists if the victim is inflicted once or more times

1. Serious bodily injury, which implies that during the attack, the victim has been put at risk of being killed or destroyed, permanently and significantly damaged or impaired an important part of the body or some important authority, if permanent incapacity for work is caused, if the victim is permanently and seriously disturbed health, and if there is a miscarriage.

2. Continuous and severely impaired health or work done against a minor

The penalty for this form of criminal offense is a prison of 2 to 10 years

The most serious form of this criminal offense exists if the death of an attacked person occurs and in this case a prison sentence of 3 to 15 years will be imposed.

If the defendant violates the measures for protection against family violence that the court pronounced him, he shall be punished by a fine and imprisonment from 3 months to 3 years.

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