According to the Canadian Centre for Justice Statistics (CCJS), between 2008 and 2013, Alberta had an average of 11,138 domestic assaults per year within the specified time frame. This is confirmation of the prevalence of domestic violence in Alberta. For this reason, it’s important to know what constitutes domestic assault in our province.
This article aims to shed light on the legal and social aspects of domestic assault in Alberta, providing a comprehensive understanding of the topic and how domestic assault lawyers in Calgary, like Batting, Wyman Barristers can assist.
Conditions for Domestic Assault Charges
While the term “domestic assault” may bring to mind physical violence, it encompasses a broader range of actions. In Alberta and throughout Canada, different types of domestic assault can be identified:
1. Physical Assault:
Slapping, punching, kicking, choking, using a weapon.
2. Sexual Assault:
Forced sexual activity, unwanted touching, lack of consent.
3. Emotional or Psychological Assault:
Name-calling, humiliation, criticism, intimidation, isolation.
4. Financial or Economic Abuse:
Withholding money, not allowing work, and controlling finances.
5. Spiritual Abuse:
Mocking religious beliefs, preventing religious attendance, forced beliefs.
6. Cyber Abuse or Digital Abuse:
Checking devices without permission, cyberstalking, non-consensual image sharing, and using GPS to monitor.
Showing up uninvited, unwanted gifts, repeated unwanted communications.
Understanding the various forms of domestic assault is crucial for both legal professionals and the general public. Recognizing the signs early on can lead to timely intervention, potentially preventing escalation and further harm.
Penalties for Domestic Assault Charges
Penalties for domestic violence in Calgary vary, with consequences ranging from a peace bond to 14 years imprisonment, contingent on the charge and specific circumstances. It’s crucial to consult a Calgary criminal defence lawyer when facing such charges.
Many cases get resolved outside of court, with some resulting in peace bonds where the accused commits to certain conditions for a year. Upon agreement, the Crown drops the charges, preventing a criminal record. Other alternative sentencing options might also be available, depending on the case specifics.
What Requires a Domestic Assault Lawyer in Calgary?
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.
Batting, Wyman Barristers can provide legal guidance and representation regarding the trial, peace bond processes and anything in between.
Domestic Assault Lawyers in Calgary
Domestic assault in Alberta, as elsewhere, is a matter of grave concern that requires a holistic approach, encompassing legal measures, community involvement, and comprehensive support for victims. Through awareness, education, and early intervention, society can hope to mitigate and eventually eradicate this menace.
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.
Book your free 30-minute consultation, give us a call at 403.263.4949.