A domestic assault charge can be life-altering. Within moments, you can be removed from your home, separated from your children, and burdened with strict bail conditions. At White & Jeet Law, we guide clients through this process, ensuring their rights are protected while working towards the best possible outcome.
Is “Domestic Assault” a Separate Charge?
The Criminal Code of Canada does not have a specific offence called “domestic assault.” Common domestic violence charges include but are not limited to assault, assault causing bodily harm, assault with a weapon and assault by strangulation.The Immediate Aftermath: Bail and No-Contact Order
If police are called to a domestic dispute in Alberta, they will lay charges if they have reasonable grounds to believe an assault occurred. Upon arrest, you will likely be released on a Recognizance or Undertaking with a list of conditions, most notably a No-Contact Order with the complainant as well as a condition not to go to the complainant’s place of residence, employment, education or worship. Breaching any condition will likely result in new criminal charges.What Happens Next?
Depending on the severity of the allegations, several paths may be available to you:- Peace Bond (Common Law or Section 810): If the Crown’s case has weaknesses or the incident was minor, we can negotiate for the withdrawal of the criminal charge(s) in exchange for you signing a Peace Bond. This is a court order with a list of conditions that you must follow for a set period (usually 12 months).
- Mental Health Diversion Program: If there are mental health considerations at play, we can negotiate for you to enter into the Mental Health Diversion Program. After successful completion of the program, the Crown prosecutor will apply to withdraw your charge(s).
- Going to Trial: If the allegations are false or exaggerated, you have the right to a trial. The complainant’s credibility is thoroughly tested at the trial.
