Batting, Wyman Barristers is a team of the top domestic assault lawyers in Calgary, serving clients in the city proper and surrounding areas such as Airdrie, Cochrane, Okotoks, Didsbury, Turner Valley, Strathmore and Canmore.
Charges receiving a “domestic assault” classification typically involve disputes between boyfriends/girlfriends, husbands and wives. It is not unusual for altercations involving siblings, parents, grandparents, and other relatives to receive a domestic characterization.
Unlike many criminal charges in Calgary, domestic assault charges are unique, as the complainant does not always wish to have the file prosecuted. While this is often the case, an accused will nonetheless be released on conditions which prohibit them from attending the matrimonial home, having contact with the complainant, or restricting contact with children of the relationship.
In Calgary, While many types of offences can be considered “Domestic Assault,” the most common types lawyers deal with are:
These can also come in the form of various breaches of conditions, including recognizance, peace bonds, restraining orders or probations. Contact us if you have any further questions.
A domestic assault investigation starts when an alleged victim or witness reports it to Calgary police services. The police will then request a statement from the complainant before they launch a full investigation.
The Calgary police will then review anything involved on the scene. The police will interview witnesses and collect any evidence. They may also look at surveillance videos and obtain hospital records from the victim.
Calgary has the third largest municipal police force in Canada, so they have the workforce to devote to such investigations. Once they have gathered enough evidence, they will track down to arrest the assailant and charge them with domestic violence. The perpetrator may be questioned on the scene or taken to the Police District Office to decide whether or not they will be charged.
Batting, Wyman Barristers can provide legal guidance and representation regarding the trial, peace bond processes and anything in between.
We provide experienced legal defence counsel in Calgary and surrounding areas, including Airdrie, Cochrane, Okotoks, Didsbury, Turner Valley, Strathmore and Canmore.
With over 3000 cases handled and more than 30 years of experience in criminal law, we provide sound legal defence for people charged with driving offences, assault, theft, fraud, drug offences, appeals and more.
If you are charged with domestic assault in Calgary, speaking to a lawyer as soon as possible is crucial. You could face severe consequences and penalties if convicted. Finding the best legal representation is essential to ensure the most favourable outcome for you. Some important things to keep in mind when charged with domestic assault include:
Given the consequences that flow, having counsel with the experience to navigate these waters is paramount. Our counsel appears in Domestic Court daily, maintaining a firm understanding of this court’s unique process. Understanding that there is often a strong prospect for reconciliation, our office looks first at amending the release conditions to have our clients return home.
Once the no-contact conditions have been deleted, our focus turns to the defence of the allegations. While trials occur, we can often negotiate favourable resolutions without needing a family member to testify.
While every case is different, the goal remains the same, ensuring the best possible result for our clients.
Charges that are deemed to be domestic are matters that stem from allegations involving family members as well as couples who are in a relationship. Domestic allegations are so prevalent that Calgary and Edmonton have specified courtrooms and prosecutorial units to deal with these charges. The Criminal Code provides that domestic allegations are to be dealt with more severely as they involve a breach of trust, a statutorily aggravating factor.
When charged with a criminal offence, the accused is entitled to the least onerous form of release possible. This means as few conditions as possible. That said, persons charged with a domestic allegation will routinely be taken before a Justice of the Peace where particular conditions are put in place. Two of said conditions are a “no contact order” and a “no-go” order. These orders prevent the accused from communicating with the complainant (the alleged victim) and going to their residence. These conditions are problematic as the complainant often wishes to have ongoing contact, while the “no-go” clause will compel the accused to find a new place to live. In these cases, amending the conditions quickly is a priority for defence counsel. Conditions can be amended with the consent of the Crown. Should the Crown not agree to a condition’s amendment, counsel must apply in the Court of Queen’s bench to do so.
Frequently, the police are called to a domestic complaint as an argument has ensued between the parties. It is common for the caller to seek the assistance of the police in order to diffuse the situation. That said, the caller seeks only that, not to have their partner be charged criminally. Unlike what is often depicted in the United States via television and films, complainants do no get to determine whether they wish to “press charges.” In Alberta, should the authorities arrive and come to learn that a Criminal Code allegation has taken place, a charge will be laid. This charge will be accompanied by conditions that prohibit the accused from contact with the complainant as well as from attending the complainant’s home. In the end, the decision to prosecute lies with the Crown Prosecutor. In making this decision, the Crown will consider whether there is a reasonable likelihood of conviction and whether the prosecution is in the public’s interest. It is at this stage that the wishes of the complainant are considered.
A peace bond is a type of resolution where the client’s criminal charges are withdrawn upon them agreeing to abide by specified conditions for a set time frame. Peace bonds are often used to resolve files in domestic courtrooms throughout the province. Typical conditions involve the client participating in domestic violence counselling. While each case differs, it is also common for there to be a no-contact, no go condition regarding the complainant. Statutory peace bonds are governed by section 810 of the Criminal Code. This sections allows a presiding judge/justice the ability to place the accused on conditions should they be satisfied on reasonable grounds that the complainant has an ongoing fear for their safety. Consult our team of domestic assault lawyers to get legal advice.