If you’ve been accused of domestic violence in Calgary, you could be charged with any one of the following offences in the Criminal Code:
- Assault (Section 266).
- Assault with a weapon or causing bodily harm (Section 267).
- Sexual assault (Section 271).
- Criminal harassment (Section 264).
- Uttering threats (Section 264.1).
- Kidnapping (Section 279(1))
- Criminal confinement (Section 279(2))
No single ‘domestic violence’ crime exists in Canada. Rather, these charges refer to offences committed in a domestic setting.
In the past two decades of practice, our team has:
- Defended over 10,000 cases.
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Immediate steps if you’re arrested for domestic violence
- Silence is safety: The most common mistake is trying to explain ‘your side’ to Calgary police. Exercise your right to remain silent.
- Document everything: Save all recent texts, emails, social media posts, and direct messages before they are deleted.
- Call a domestic violence lawyer: After being arrested, exercise your constitutional right to speak to legal counsel.
- Follow your lawyer’s advice: Don’t try to navigate the judicial system alone. Follow your lawyer’s advice to the letter.
Contact us for a free, no-obligation consultation.
What is domestic violence, and how can a conviction affect your future?
Under the Criminal Code of Canada, domestic violence offences are those committed against:
- Intimate partners, including current or former spouses (married partners), common-law partners, and dating partners.
- Family members.
- Children (any person under the age of 18).
Section 2 defines intimate partners for domestic violence offences, and Section 718.2 requires courts to treat the intimate partner relationship as an aggravating factor at sentencing.
With domestic violence incidents in Calgary hitting a five-year high in 2025, the Calgary Police Service has intensified its ‘zero-tolerance’ approach.
If you are one of the thousands of Calgarians facing a charge this year, you are entering a system that is more proactive and better-funded than ever before.
- The courts look at these crimes more seriously when they happen between people who live together.
- The Crown prosecutes such offences through the specialized Domestic Violence Court.
- Depending on the severity, the Crown may proceed by indictment (most serious) or summary conviction (less serious).
Assault is the most common domestic violence charge. The consequences of a conviction vary widely based on the offence but here’s a summary:
| OFFENCE TYPE | TYPICAL SCENARIO | MAXIMUM PENALTY (INDICTMENT) | MAXIMUM PENALTY (SUMMARY) |
|---|---|---|---|
| Assault (Section 266) | Simple physical force, pushing, or slapping without a weapon. | 5 years in prison. | 2 years less a day in jail/ $5,000 fine. |
| Assault with a Weapon/Bodily Harm (Section 267) | Using an object to threaten/hit, or causing injuries (includes choking or strangling). | 10 years in prison. | 2 years less a day in jail/ $5,000 fine. |
| Sexual Assault (Section 271) | Any non-consensual sexual touching or behavior within the relationship. | 10 years in prison. | 2 years less a day in jail/ $5,000 fine. |
| Uttering Threats (Section 264.1) | Threatening to cause death, bodily harm, or damage to property/pets. | 5 years in prison. | 2 years less a day in jail/ $5,000 fine. |
| Criminal Harassment (Section 264) | Stalking, repeated unwanted communication, or 'watching' a home/workplace. | 10 years in prison. | 2 years less a day in jail/ $5,000 fine. |
| Kidnapping (Section 279(1)) | Forcibly seizing or transporting a person against their will for ransom or to facilitate another offence. | Life imprisonment. | N/A — straight indictment only. |
| Criminal Confinement (Section 279(2)) | Unlawfully confining or imprisoning a person without lawful authority. | 10 years in prison. | 2 years less a day in jail/ $5,000 fine. |
Most domestic violence offences currently have no mandatory minimums but there are exceptions, such as Kidnapping Involving a Firearm, which carries a mandatory minimum of 4 years. Fines are discretionary and may be subject to a victim fine surcharge.
Beyond jail time and fines, a conviction for domestic violence triggers several automatic or high-probability life changes:
- Probation and rehabilitation: Mandatory attendance at programs like the Partner Assault Response (PAR) or anger management.
- Weapons prohibitions: Under Section 109, a mandatory ban on owning or possessing any firearms or ammunition (for 10 years or life).
- DNA Data Bank: Requirement to provide a sample for the National DNA Data Bank (mandatory for serious or sexual offences), under Section 487.051 of the Criminal Code.
- Family court impact: Convictions are heavily weighted in Child Protection Services investigations and can lead to restricted access or loss of custody in family court proceedings.
- No-contact orders: Strict conditions prevent you from returning home or speaking to your partner/children, which can only be changed via a formal court application.
A lifelong criminal record can also have other long-term consequences, such as:
- Employment issues from background checks, which will reveal convictions, especially impact jobs in vulnerable sectors like childcare or education.
- Housing applications can be impacted by background checks.
- International travel (especially to the U.S.) can be disrupted, or entry to some countries denied.
- Immigration status problems for non-Canadians.
How will we help you with the investigation, arrest, and release for domestic violence?
Our first role as a domestic violence defence lawyer is often to ensure that our client doesn’t say or do anything that makes their legal position worse.
It’s best to call us as soon as you know the police are looking into a case of domestic violence, even before charges are filed. Our pre-charge legal advice can prevent you from saying anything that could be misinterpreted or used against you.
A Strategic Criminal Defence lawyer will:
- Talk to the police and prosecutors on your behalf.
- Immediately start gathering key evidence, like text messages, call logs, and witness statements, to support your version of events.
- Make submissions aimed at securing your release on the least restrictive conditions possible.
- Help you navigate court processes and, if necessary, stay in touch with your family.
What happens during a domestic violence investigation by the CPS?
When the Calgary Police Service (CPS) receives a call about domestic violence, the officer(s) will:
- Separate those involved and talk to each one alone, so that they don’t feel pressured.
- Take pictures and write down detailed descriptions of any visible injuries.
- Look for signs of a fight, like broken furniture or their belongings that have been moved.
- Collect evidence from the scene, such as ripped clothes, broken items, weapons, blood samples, etc.
- Ask questions to witnesses who saw what happened.
- Check police databases for any history of violence by either party.
- Look for past domestic calls to the same address.
The Crown Prosecutor decides whether to continue with charges in domestic violence cases, based on the quality of the evidence available.
Even at this stage, the input of a Strategic Criminal Defence lawyer can help protect you.
What is the arrest and charge process for domestic violence?
If there is sufficient evidence to arrest and charge the accused, the legal processes will move quickly.
The likelihood of charges being dropped in domestic violence cases is slim. Even if the complainant wants to drop the charges, the decision is out of their hands and rests with the Crown.
Upon arrest by the CPS, you may be released from the police station on an undertaking to appear in court. You will be subject to a strict ‘no contact’ order, under Section 501(3) of the Criminal Code, meaning:
- No calls.
- No texts.
- No emails or direct messages.
- No contact through friends or family.
If you are not released, you will be taken to the Arrest Processing Unit (APU) at the Spyhill Services Centre (12500 85 Street NW, Calgary, AB T3R 1A2).
At the APU, you will be held initially for up to 24 hours. We can meet you there or discuss your case with you by video to prepare for your bail hearing.
How can we help with your release on bail?
Most domestic charges in Calgary are funneled into specialized courtrooms at the Calgary Courts Centre (601 5 St SW). This is a specialized court, where the Crown, defense, and social agencies (like HomeFront) work together.
- A caseworker from HomeFront will contact the complainant immediately to assess risk and offer support.
- This report heavily influences whether the Crown will consider a peace bond or insist on a criminal trial.
A Strategic Criminal Defence lawyer will interact with relevant parties to protect your rights and negotiate the best outcome.
During your bail hearing, your lawyer will make submissions seeking your release on the least restrictive conditions possible.
If the judge determines there is a risk to the victim or the public, strict conditions will be imposed under Section 515(3) of the Criminal Code. The main restriction is a no-contact order, which will prohibit you from contacting the complainant directly or indirectly.
Other standard bail conditions include:
- An order to leave the family home and find a new place to live.
- Restrictions on visits with the children from the marriage (supervised exchanges).
- Bans on weapons and limits on alcohol/drugs.
- Mandatory attendance at counselling programs.
- Regular and mandatory reporting to a bail supervisor or police station.
You must follow all bail conditions and agree to attend all court appearances. Even if the complainant encourages you to break a condition, it is still a crime that could land you in jail for a new offence and hurt your standing in the original case.
For more information, visit our page on The Bail Hearing Process in Calgary.
Why your release may be more complex in 2026
Under proposed legislation (Bail and Sentencing Reform Act, Bill C-14), if you have a prior history of intimate partner violence or the offence you’re accused of is extremely violent, you may face a ‘reverse onus’ at your bail hearing.
This means that you must prove why you should be released rather than the prosecution needing to prove why you should not be released.
A Strategic Criminal Defence lawyer will build a case for your release if you are subject to the ‘reverse onus’ rule.
What is the ‘first appearance’ and disclosure?
Your first court date after the bail hearing is an administrative step where we request the Crown disclosure package. This includes:
- The police reports
- 911 recordings
- Forensic evidence.
- Witness statements.
- Any other evidence against you.
How does a family law case affect a domestic violence charge?
If you are involved in an ongoing family law case (custody/divorce/property), the new civil family law rules and procedures may affect you.
The Family Focused Protocol, implemented in January 2026, requires attendance at a Mandatory Intake Triage (MIT) meeting.
Under the new rules:
- A single Justice is assigned to oversee the family and domestic conflict aspects to ensure consistency.
- This ensures that the no-contact conditions and parenting time orders are coordinated to prevent conflicting court orders.
- It also increases the interaction and exchange of information between family court proceedings and the criminal justice system in Alberta.
If necessary, we can attend the MIT meeting with you, even though it relates to a civil matter.
How will we help to resolve your domestic violence case?
In Calgary, there are several main ways for a domestic violence case to end:
- A Section 810 peace bond: If the risk is low and a strong case is presented, the Crown may agree to drop the criminal charges if you sign a peace bond. This is a court order to keep the peace and be of good behavior for 12 months and, importantly, results in no criminal record.
- Early case resolution: You may be directed to complete the Partner Assault Response (PAR) program. Successful completion can lead to a more favorable sentence or a stay of charges.
- Trial: If the charges are contested, a trial date is set. Calgary courts typically aim to have domestic trials heard within 6–9 months of the arrest. The outcome will be either:
- A guilty verdict, with a conviction after sentencing.
- A ‘not guilty’ verdict, resulting in acquittal.
Domestic violence defences often involve
- Securing and authenticating digital footprints (such as social media messages, texts, GPS, etc.)
- Identifying witness inconsistencies.
- Demonstrating a lack of ‘intent’ (‘mens rea’) or ‘reasonable apprehension of fear’ required under the Criminal Code definitions.
- Several other possible defences.
This table summarises the main defences employed:
| DEFENCE CATEGORY | DEFENCE STRATEGY | LEGAL BASIS/EXAMPLE |
|---|---|---|
| Constitutional & Charter Violations | Section 10(b): Right to Counsel | The police failed to allow you to speak to a lawyer of your choice before questioning you. |
| Section 8: Unreasonable Search | Police entered your home without a warrant and seized your phone or private records. | |
| Section 9: Arbitrary Detention | You were held in custody longer than necessary before your bail hearing. | |
| Section 11(b): Trial Within a Reasonable Time | The case has taken longer than 18 months to reach trial, violating your right to a timely hearing. | |
| Procedural Errors | Abuse of Process | The prosecution is using criminal charges to gain an advantage in a concurrent Calgary Family Court custody battle. |
| Disclosure Failures | The Crown failed to promptly provide key evidence, such as 911 recordings or the complainant's prior inconsistent statements. | |
| Breach of 2026 Family Protocol | Failure to follow the Family Focused Protocol triage requirements may lead to stays. | |
| Factual Disputes | Self-Defence (s. 34) | You used reasonable force to protect yourself from an immediate threat of force. |
| Alibi (Elsewhere) | It was impossible for you to be at the scene (requires 'timely and adequate' disclosure to the Crown before trial). | |
| Credibility & Reliability | Challenging the complainant's testimony due to proven motives to fabricate (e.g., jealousy). | |
| Lack of Intent (Mens Rea) | The physical contact was accidental and lacked the criminal intent required for assault. | |
| Consent (s. 265) | In limited scuffle scenarios, proving both parties were willing participants (does not apply if bodily harm was caused). |
The Strategic Criminal Defence domestic violence lawyers build the appropriate defence based on the circumstances and facts of the case. Our extensive courtroom experience and persuasive skills are targeted at the best possible outcome for you.
How will the judge decide in a domestic violence case?
The Crown does not need physical evidence, like bruises or broken glass, to prove guilt. The testimony of a single complainant may be legally sufficient.
However, the judge must apply the three-step W.(D.) Test to ensure the presumption of innocence is maintained:
- If the judge believes your version of events (e.g., you weren’t there or it was self-defence), you must be acquitted immediately.
- Even if the judge doesn’t believe you, if your testimony makes them think, “Maybe it didn’t happen exactly as she said,” you must be acquitted.
- Even if the judge completely rejects your story, they must look at the complainant’s evidence alone and ask: “Does this prove guilt beyond a reasonable doubt?” If not, you must be acquitted,
In ‘he-said, she-said’ cases, minor inconsistencies in the complainant’s story often trigger an acquittal at the third stage of the test.
Successful domestic violence cases
Note: Past outcomes do not guarantee future results. Every case depends on its own facts.
Testimonials
Dedicated domestic violence lawyers at Strategic Criminal Defence
The team of lawyers at Strategic Criminal Defence in Calgary all provide domestic violence defence services. View our lawyer page to learn more about our lawyers and their focus areas.
FAQs
If you’re charged with domestic violence in Calgary, a Strategic Criminal Defence lawyer will:
- Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the domestic violence charge.
- Gather key evidence, such as police reports, medical records, video footage, digital evidence, witness statements, and expert witnesses, to support the defence argument.
- Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
- Prepare for trial, if necessary, building a strong case to present to the judge/jury and questioning witnesses.
Early legal intervention is essential in domestic violence cases. The decisions made in the first 24 to 48 hours can significantly affect how your case unfolds.
Strategic Criminal Defence lawyers understand how local courts approach domestic violence cases and will use this experience to protect your future.
Contact us for a free, no-obligation consultation.
Verified By: Michael Oykhman, Senior Criminal Defence Lawyer
Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.
Experience
- Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
- Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
- Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.
Education & Academic Leadership
- Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
- Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
- Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.
Credentials & Recognition
- Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
- Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
- Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410







