Domestic Violence refers to a range of offences that are inflicted on a person with whom you have an intimate or family relationship. This includes individuals like your common-law partner, husband, wife, children, boyfriend or girlfriend.

The Department of Justice reports that about half of domestic violence complainants are spouses and ex-spouses, and that the other half are children, siblings, and other extended family members. Statistics Canada suggests that three in four reported allegations of intimate partner violence are allegations of common assaults with little no injury to the complainant.

Domestic Violence is a serious and prevalent crime in Edmonton. In 2016 alone, the Edmonton Police Service reported that there were 8,715 incidents related to domestic violence. Because Domestic Violence is such a common and serious crime, Edmonton courts take these charges very seriously and will often grant a harsher sentence following a conviction.

It is therefore important to determine whether the Crown has in fact designated your charges as involving domestic violence. In Edmonton, courtroom 268 is a special courtroom designated for domestic violence cases. If you are scheduled to appear in that courtroom, you can presume the Crown will argue that your case involved domestic violence.

Some of the more common types of offences that occur in a domestic setting include the following:

  • Assault
  • Threats
  • Assault with a Weapon
  • Assault Causing Bodily Harm
  • Aggravated Assault
  • Choking
  • Break and Enter
  • Unlawfully in a Dwelling
  • Unlawful Confinement
  • Sexual Assault
  • Criminal Harassment
  • Extortion
  • Various Breaches of Conditions

Investigation of Domestic Assault Charges in Edmonton

Following an allegation of domestic violence, the Edmonton Police Service will interview the complainant and get their version of events. After the complainant tells the police that you assaulted them in some way, the police will initiate an investigation against you.

Further police investigation may involve gathering evidence from other witnesses or medical evidence from the hospital.

However, the police may also simply arrest you right away. In fact, all they need to charge you with domestic violence is the complainant’s own testimony. No further physical proof is required.

In Edmonton, the Domestic Abuse High Risk Team (DAHRT), also plays a role in the investigation of domestic violence allegations. DAHRT works in partnership with the Edmonton Police and will gather information about the alleged incident from the complainant. They will use this information to determine the risk of future violence against the complainant, and they will make recommendations for the Crown and court about your bail and your sentence. As such, DAHRT can play an important part in the Crown’s decision to release you on bail and will help determine appropriate conditions for your bail should you be released.

After the police have decided to lay a charge for domestic violence, the matter is passed over to a special prosecutions unit called the Domestic Violence Unit at the Edmonton Crown Prosecutor’s office. The DVU is a group of Crown prosecutors that deal exclusively with the prosecution of domestic violence cases. Once they receive your case, they are the ones that decide to prosecute or withdraw your matter.

So even if the complainant changes his or her mind and decides that they no longer wish to press charges against you, it does not mean that the charges will be withdrawn. If the Crown prosecutor decides that they want to continue to prosecute your case, your matter will go forward notwithstanding the wishes of the complainant.

Penalties for Domestic Assault Charges in Edmonton

The punishment for domestic violence can range significantly depending on the specific charge. A conviction for domestic assault, for example, can result in anything from a peace bond to 14 years in prison. Because the punishment for domestic violence depends heavily on the nature of the offence, circumstances of the offence, and the circumstances of the offender, to get a more concrete sense of your criminal liability you should talk to one of our Edmonton criminal defence lawyers immediately.

While you do face a high likelihood of receiving a harsh penalty in the event of a conviction, being charged with this offence does not necessarily mean that you will receive a criminal record.

A large number of domestic violence charges are resolved outside of court through pre-trial resolution discussions between defence counsel and the Crown prosecutor. One of the most effective ways we resolve domestic violence charges (like domestic assault) is by negotiating with the Crown for a Peace Bond.

If you are granted a peace bond, you will have to comply with some basic terms for the period of one year, such as no contact with the complainant, no weapons, and attend probation and court as directed. Once you sign the peace bond, the Crown will withdraw the charges against you and you will be able to completely avoid a criminal record. It is important to know that if you agree to a peace bond, you have not been found guilty of the offence.

If a peace bond is not appropriate in your circumstances, we can canvass a range of sentencing options with the Crown that will either leave you with no criminal record, or that will impose minimal restrictions on your liberty after sentencing. To learn more about potential resolutions please visit our Resolutions page, or read our FAQ on Resolutions and other sentencing options.

Defending Domestic Violence Charges in Edmonton

What are the best defences to domestic violence charges in Edmonton?

Despite the high number of domestic violence charges that are laid in Edmonton each year, the vast majority of these charges are resolved without a trial.

In order to achieve the best results, it is often helpful for you to take positive actions to address the issues that gave rise to the allegations in the first place. For example, we often recommend that you seek some sort of anger management or domestic violence counselling. It is important to know that seeking counselling is not a sign of guilt, but is considered to be an extremely positive action that will be looked upon favourably by the Crown and the Court. This is often a crucial factor in our ability to resolve a domestic violence charge with a peace bond or to seek a discharge that will allow you to walk away from the charges with no criminal record.

An example of a well-reputed program that is approved by Edmonton courts is the Changing PathWays program offered by the Edmonton Violence Prevention Centre.

If the Crown is unwilling to provide us with a position that you find favourable, with your instruction we will take your matter to trial. At trial, we will use the experience and knowledge we have gained defending thousands of domestic violence charges to mount a full and effective defence to the allegations against you.

Because every case is different, the best defence to a domestic violence charge will depend heavily on the particular circumstances of the offence. There are other defence strategies that focus on the technical steps taken by the police during the investigation and evidence collection process.

Typically, the best defences for a domestic violence charge are:

  • Factual innocence: this is usually the strongest defence because the facts and the evidence do not support you being there, causing the assault, or other basic elements of the case.
  • Violation of constitutional rights: the Canadian Charter of Rights and Freedoms of 1982 sets out your rights before and after your arrest. If they were not followed to the letter by the police, it will aid your defence.
  • Self-defence: reasonable force can be used to defend yourself against an unlawful assault, provided you did not intend to cause death or grievous bodily harm. No reasonable person would accuse you of domestic violence if your actions were taken to protect yourself and were not deemed to be disproportionate or “reckless”.
  • Defending someone else: reasonable force or the threat of force can also be used to defend someone else against an unlawful attack, provided there was no intent to cause death or grievous bodily harm.
  • Defending property: reasonable force or the threat of force can also be used to defend property, though this may be a weaker defence in many situations.
  • Accident: an accidental assault should not lead to a criminal conviction if it was unforeseeable (which you have to prove).
  • Provocation: if your actions were provoked by the other party, such as with taunts, jibes, or goading, it may assist your defence.

The burden of proof remains high for the prosecution. This means that there are many successful defence strategies that our experienced defence lawyers can take, including those outlined above.

Even if the charges proceed and you are found guilty, a good defence can greatly reduce the severity of the consequences (for instance, assault causing bodily harm may be reduced to a simple assault conviction).

Our lawyers will conduct a thorough examination of the police actions and the evidence against you, and call upon medical evidence and witnesses in your defence if required.

How can I help defend domestic violence charges in Edmonton?

If you have been charged with domestic violence in Edmonton, the following can help your lawyer build a strong defence:

  • Making a statement about what happened
  • Collecting and maintaining all documents and records about the event
  • Gathering any photographic evidence that you may have
  • Logging any relevant texts, emails or phone calls

As soon as you are released on bail, start to gather any information that may be of use to your lawyer.

What can a lawyer do to help me defend against domestic violence charges in Edmonton?

As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used to aid your cause. Some of these include:

  • Assembling documents, photos, texts, etc. that contradict the allegation and support your version of events
  • Gathering evidence that questions the complainant’s credibility (e.g., they have lied before, or have a motive to fabricate events)
  • Gathering evidence that questions the complainant’s or witness’s reliability (e.g., they were drunk or unable to see or recall events)
  • Identifying mistakes in the actions of the police, such as Charter breaches
  • Uncovering administrative/systemic errors, such as with “Jordan delay”, non-disclosure, lost or destroyed evidence, etc.

Domestic violence charges will not automatically get dropped if the complainant changes his or her mind and tells the police they no longer want to charge you criminally. Once a complaint of domestic violence is formally laid, the Crown Prosecutor takes control of the proceedings and the person who made the complaint loses all control over the prosecution of the accused.