Calgary Domestic Assault Lawyers

Domestic assault includes any use of physical force, actual or implied, that occurs between two people who are involved in an intimate, common-law, or married relationship. Assaults involving domestic relationships are treated differently than other assault cases by the Crown and the Courts.

The conditions of a domestic assault charge are different from regular assault because there are court imposed stipulations that prevent the accused, in a domestic violence case, fro. contacting or cohabiting with the complainant. These conditions can place a significant amount of stress on the respective household, and the families involved.

Consequences for Domestic Assault Charges in Alberta

Alberta’s legal system takes a strict stance when handling all domestic assault cases, regardless of whether the complainant wishes to drop charges against the accused. Due to the serious nature of these charges, it is extremely important that you contact a domestic assault lawyer to assess your situation, and defend your rights during legal proceedings.

Individuals charged with domestic assault in Alberta are typically held for a bail hearing, regardless of a previous criminal record or lack thereof. Bail conditions for domestic assault include: denying the defendant access to their home, and restricting contact with the complainant or other family members residing in the home.

Challenging Bail Conditions for Domestic Assault

It is possible to apply to change the bail conditions set out in a domestic assault charge; however, this can be a lengthy, and complex process. Changing these conditions may allow you to return to your home, and/o. contact your family. Our team of experienced criminal defense lawyers can help you challenge the conditions of your bail, and minimize the disruption of your family’s life.

Avoiding Criminal Charges with a Peace Bond Agreement

Allegations of domestic assault can be settled through a peace bond agreement between the accused and the complainant. Peace bonds are not considered a finding of guilt, and criminal charges are withdrawn upon signing the bond.

If you are granted the ability to sign a peace bond, you abide by the conditions outlined within the bond until it expires.

Common conditions outlined within a peace bond include:
- Restricting ownership and access to weapons
- Limited or restricted contact with the complainant
- Prohibition of alcohol possession and consumption

The benefit of entering into a peace bond is that it ensures that the allegations of domestic assault do not appear on your criminal record.

Divorce Proceedings and Domestic Violence Charges

Allegations of domestic assault are not uncommon during divorce proceedings. If you are accused with domestic assault while dealing with family law proceedings, special considerations must be taken into account. In the event of allegations of domestic abuse, the complainant will gain exclusive access to the home, and full custody of the children until the matter is resolved in a court of law.

Our Domestic Assault Lawyers in Calgary Can Help You