If you or someone you know is facing allegations of domestic assault, it’s important to understand both the legal implications and the options available for defence and resolution. Domestic assault lawyers have the knowledge and expertise to navigate the complexities of these cases, ensuring that your rights are protected throughout the legal process.
Understanding Domestic Assault
In legal terms, domestic assault is often classified as an act of violence or the threat of violence within a domestic setting. It can range from simple assault to aggravated assault, with penalties varying depending on the severity of the offence, any prior history of violence, and whether weapons were involved.
In many cases, domestic assault can carry harsh penalties such as significant fines, restraining orders, probation, or even jail time. Legal consequences can be severe, and individuals accused of domestic assault may also face restrictions that affect their personal freedoms.
While many types of offences can be considered “domestic assault,” the most common types that criminal defence lawyers in Calgary deal with are:
- Assault – From physical contact to verbal threats. Whether it has caused bodily harm or is considered to be sexual or aggravated.
- Threats
- Breaking and entering
- Extortion
- Criminal harassment, and more.
Emotional abuse is also considered a serious form of domestic assault, characterized by behaviours intended to control, intimidate, or demean a person. It involves a range of harmful actions, including:
- Threats, name-calling, and insults.
- Persistent yelling or criticism.
- Isolating someone from friends or family.
- Interfering with someone’s religious practices.
- Damaging property, harming pets, or threatening such actions.
- Bullying or humiliating someone.
Legal Consequences of Domestic Assault
If convicted, the consequences of being charged with domestic assault can be severe, including:
- Criminal penalties – This includes potential jail time, probation, fines, or community service, depending on the nature and severity of the offence.
- Restraining orders – Courts may issue orders of protection, preventing the accused from having contact with the alleged victim. Violating these orders can result in additional criminal charges.
- Domestic violence programs – Individuals convicted of domestic assault may be required to complete counselling or therapy sessions focused on anger management and domestic violence prevention.
- Permanent criminal record – A conviction for domestic assault could result in a permanent criminal record, which can impact future employment, housing opportunities, and other areas of life.
Child Custody and Domestic Assault
One of the most significant implications of domestic assault allegations is the potential impact on child custody arrangements. In family law cases, courts prioritize the best interests of the child, and any history of domestic assault can influence the court’s decision regarding custody or visitation rights.
- Impact on custody decisions – If there are allegations or evidence of domestic assault, courts may rule that the accused party is unfit for joint custody or unsupervised visitation. In some cases, supervised visits may be ordered to ensure the child’s safety.
- Protective measures – In situations where domestic violence is proven or suspected, the court may issue protective orders for the child, ensuring that they are not placed in harm’s way.
- Parental rights – A domestic assault conviction can diminish or eliminate a parent’s ability to have custody or visitation rights, especially if it is determined that the child’s well-being is at risk.
Navigating child custody issues during a domestic assault case requires the guidance of an experienced domestic assault lawyer who specializes in both criminal and family law.
Defending Against Domestic Assault Charges
If you are facing domestic assault charges, several legal defences may be available, depending on the circumstances. Some potential defences include:
- Self-defence – If you were acting to protect yourself from harm, self-defence could be a valid argument in your case.
- False allegations – Sometimes, accusations of domestic assault may be made falsely, often due to misunderstandings, anger, or personal grievances.
- Lack of evidence – If there is insufficient evidence to prove that the assault took place or that the accused was responsible, the charges may be dismissed.
Consulting a skilled criminal lawyer in Calgary, especially a domestic assault lawyer, is in your best interest to understand the best defence strategy for your situation.
A Peace Bond After a Domestic Assault Charge
A peace bond is a legal resolution in which criminal charges are withdrawn in exchange for the defendant agreeing to comply with specific conditions over a designated period. Peace bonds are commonly used to resolve cases in domestic courtrooms across the province.
Typical conditions often include participation in domestic violence counselling, though these may vary depending on the case. It is also common for the peace bond to include a no-contact and no-go provision concerning the complainant.
Statutory peace bonds are governed by Section 810 of the Criminal Code, which allows a judge or justice to release the accused on the condition that there are reasonable grounds to believe the complainant has a continued fear for their safety.
Seeking Legal Help For a Domestic Assault Charge
Domestic assault cases are complicated, and the consequences can be life-altering. If you find yourself facing such charges or involved in a custody dispute due to allegations of domestic assault, speak to a domestic assault lawyer as soon as possible.
Domestic assault lawyers can provide the expertise necessary to help you understand the charges, explore defence options, and advocate for your rights in court.
