Domestic Assault Lawyers

Calgary Criminal Defence Practices

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.

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.

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Common Types of Offences

In Calgary, While many types of offences can be considered “Domestic Assault,” the most common types lawyers 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.

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.

Investigation of Domestic Violence Charges

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.

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Areas Our Calgary Domestic Assault Lawyers Can Assist You

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 need assistance, we are available 24/7

Essential Steps After a Domestic Assault Charge in Calgary

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:

  1. 1. Getting proper legal advice
  2. 2. Pursue interim release on bail
  3. 3. Avoid speaking with your spouse
  4. 4. Contact Batting, Wyman Barristers immediately
Get Criminal Lawyer assistance in Domestic Assault allegations

While Every Case Is Different, The Goal Remains The Same, Ensuring The Best Possible Result For Our Clients.

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.

Book your free 30 minute consultation, give us a
call 403.263.4949.

Frequently Asked Questions

In Calgary, While many types of offences can be considered “Domestic Assault,” the most common types lawyers deal with are:

  • Assault – From physical contact to verbal threats. Whether it has caused bodily harm or is considered to be sexual or aggravated.
  • Breaking and entering
  • Extortion
  • Criminal harassment and more.

These can also take the form of various conditions breaches, including recognizance, peace bonds, restraining orders, or probations.

Emotional abuse is a serious form of domestic assault, characterized by behaviors 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.

Courts can issue a restraining order, which may also be referred to as a no-contact order or a protection order in various jurisdictions, to safeguard the safety and well-being of individuals or family members. This order stipulates specific conditions that must be adhered to, typically prohibiting any contact with the protected person, as well as that person’s children and other family members.

If police have reasonable grounds to suspect that a restraining order has been breached, they are authorized to arrest the individual involved without a warrant. Additionally, the court has the authority to extend or adjust the existing restraining order to offer further protection to the victim.

A domestic assault charge will have significant implications when the court is deciding on a parenting plan for the children. When it comes to custody (now called decision-making responsibility) and access (now known as parenting time), any domestic assault charge will significantly reduce your standing in the eyes of a family court judge. That is because the primary concern of the court is the best interests of the children. If you are facing or have been convicted of domestic assault, that will raise concerns about the children’s safety in your care.

The court may grant you supervised access, meaning that a responsible third party has to be there when you see the children. The court can also demand that you complete a counselling program dealing with issues such as addiction or anger management before parenting time is allowed.

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 not 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 in which the client’s criminal charges are withdrawn upon their agreement 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 section allows a presiding judge or justice to conditionally release the accused if they are satisfied on reasonable grounds that the complainant has an ongoing fear for their safety.