Navigating a divorce is rarely straightforward, but when domestic assault charges come into play, the process can become significantly more complex. Beyond the emotional toll, these charges can impact divorce proceedings, including decisions about property division, child custody, and spousal support. The stakes are high, and every decision you make can have long-term consequences for your future.
In Calgary, with experienced criminal defence lawyers like Batting, Wyman Barristers on your side, you can receive tailored legal strategies and compassionate guidance to protect your rights and effectively navigate these intertwined legal challenges.
How Domestic Assault Charges Affect Divorce Proceedings
Domestic assault charges often lead to heightened tensions and scrutiny in divorce cases. Here’s how they can influence key aspects of your divorce:
1. Child Custody and Access
Courts prioritize the best interests of the child in custody decisions. If domestic assault charges are involved, the court may question the accused’s ability to provide a safe environment for the children. This can result in supervised visitation or restricted parenting time for the accused.
2. Division of Property
Alberta operates under the principle of equitable distribution for dividing marital property, meaning assets are divided fairly, though not necessarily equally. However, allegations of domestic assault can influence negotiations or court decisions, as they may impact the perceived fairness of asset division. For example, if one party’s behaviour is deemed abusive, the other party might argue for a greater share of the assets.
3. Spousal Support
In some cases, spousal support may be affected by domestic assault charges. The victim may seek increased financial support, citing the impact of abuse on their ability to work or maintain stability. On the other hand, the accused may face challenges in arguing against such claims.
Facing Domestic Assault Charges During Divorce
If you are facing domestic assault charges, it is essential to take immediate steps to protect yourself legally and personally:
1. Hire Experienced Domestic Assault Lawyers
Defending against domestic assault charges requires a thorough understanding of Alberta’s legal system. A skilled lawyer can analyze the details of your case, gather evidence, and tailor a defence strategy to address the charges effectively.
2. Understand the Definition of Domestic Violence in Alberta
Domestic violence in Alberta encompasses a wide range of behaviours, from physical assault to emotional and psychological abuse. Being informed about what constitutes domestic violence can help you understand the charges and prepare your defence.
3. Cooperate with Legal Processes
Complying with court orders and legal processes, such as bail conditions or no-contact orders, is essential. Violations can worsen your situation and impact your credibility in both criminal and family court proceedings.
4. Gather Evidence
Evidence plays a crucial role in building a strong defence. This could include witness statements, communication records, or any documentation that challenges the allegations against you.
The Role of Domestic Assault Lawyers
At a time when emotions are running high, and legal complexities abound, having knowledgeable and understanding criminal defence lawyer in Calgary by your side can make all the difference.
Facing domestic assault charges is overwhelming, especially when compounded by divorce. However, you don’t have to face these challenges alone. At Batting, Wyman Barristers, our domestic assault lawyers can help you navigate both the criminal and family law systems, advocating for your rights and crafting a strategy that considers the unique aspects of your case.
Whether you are looking to minimize the impact of domestic assault charges on your divorce or seeking a fair resolution in the property division, our team can provide clarity and guidance.
