Domestic Assault Charges in Edmonton
Domestic assault is defined as any use of physical force, actual or implied, that occurs between two people who are involved in a common-law, married, or otherwise intimate relationship. Given the nature of the relationships, assaults involving domestic partnerships are treated with special considerations by the Crown and the Courts.
The considerations surrounding domestic assault charges differ from regular assault charges because the courts usually impose stipulation that prevent the accused from contacting or cohabiting with the complainant. These conditions can be extremely disruptive to a domestic setting, and place significant amounts of emotional stress on the families involved.
Penalties for Domestic Assault in Alberta
Alberta’s legal system holds a strict stance when dealing with domestic assault cases regardless of whether or not the complainant wishes to drop charges against the accused. The penalties associated with domestic assault charges can have serious and lasting impacts on the families of those involved; because of this, it is important that you immediately contact a domestic assault lawyer to help you navigate the complexities of the legal system.
Individuals accused of domestic assault are typically held for bail hearings, regardless of whether or not they have a history of prior offences or existing criminal records. Typically the accused will be released following a bail hearing as long as they agree to adhere to the conditions set forth in the hearing.
Common Bail Conditions
The accused must not contact or cohabit with the complainant or individuals residing within the family home.
The accused must refrain from alcohol consumption or drug use.
The accused is prohibited from owning or possessing weapons.
Challenging Bail Conditions for Domestic Assault Charges
Challenging bail conditions for domestic assault can be a difficult and lengthy process, but it is possible. By challenging these conditions, the accused may be allowed to return to the family home, or regain contact with their family. If you are seeking to change your bail conditions, you will need an experienced lawyer to assist you with your application. Our domestic assault lawyers at Gunn Law Group can help you challenge your bail conditions so that you may be reunited with your family.
Peace Bond Agreements
It is possible to avoid criminal charges associated with allegations of domestic assault, if the involved parties settle the dispute through a peace bond agreement. Peace bonds are not considered findings of guilt, and the accused is absolved of criminal charges upon signing the agreement.
If a peace bond agreement is signed, the accused agrees to abide by the conditions that have been outlined within the agreement. These conditions are enforced for the duration of the agreement.
Common Conditions of a Peace Bond Agreement
Restricted/limited contact with the complainant, or involved family members.
Restricted access to, or ownership of, weapons or firearms.
Prohibition of alcohol or drug consumption and possession.
Despite the seriousness of these conditions, a peace bond agreement is beneficial to anyone accused with domestic assault because it ensures that the allegations do not appear on the accused’s criminal record.
Divorce and Allegations of Domestic Violence
Unfortunately, due to the often heated nature of the proceedings, it is not uncommon for a spouse to issue allegations of domestic violence when entering into a divorce. If you are accused of domestic assault during family law proceedings, there are special considerations that are imposed by the courts. In the event of a domestic assault accusation, the complainant will likely be given exclusive access to the family home, and full custody of any children involved. These considerations will remain in place until the matter is resolved in court.
Domestic Assault Lawyers Serving Edmonton, Alberta
If you are facing charges related to domestic violence, you must be prepared for the significant changes to your life, and the lives of your family members. Our dedicated team of lawyers has the experience you need to help you regain control of the situation you’re facing. Domestic assault charges have serious and long-lasting consequences. Call Gunn Law Group today –we can help you get your life back.