Domestic violence is not a standalone charge; it includes the following offences (and others) committed in a domestic setting:

The lawyers at Strategic Criminal Defence in Edmonton have the required legal skills and case experience to defend your domestic violence charge. In the past decade of serving the Edmonton area, we have:

  • Won consecutive Consumer Choice Awards (2025, 2026).
  • Attracted over 140 5-star Google reviews.
  • Earned BBB A+ Rating.

The firm has defended over 10,000 criminal cases across Canada. Early legal advice from our team will focus on seeking your release, building a strong defence, and working to prevent a criminal record from impacting your future.

Accused of domestic violence? What now?

  1. Stay silent: Invoke your right to silence immediately, and don’t try to explain your actions or provide context to the police.
  2. Contact a criminal defence lawyer straight away: Tell the police you will not answer questions until you have spoken to a lawyer.
  3. Do not contact the complainant under any circumstances: No direct contact, messages through friends or family, or contact on social media.
  4. If charged and released, follow all conditions: Observe your release conditions without exception.

Contact us for a free, no-obligation consultation.

Testimonials

“One of the better lawyers in Edmonton”

“I had the opportunity to work with Ahmed Haroon to handle a legal matter for my family, and right off the bat, I found him to be extremely professional, respectful, and compassionate throughout the process. He was patient, understanding, and always communicated clearly. What impressed me most was how kind and empathetic he was, even during stressful situations. He carries himself with integrity and professionalism, and I believe he is one of the better lawyers in Edmonton.”

K.M.

“A very good deal during resolution with the Crown”

“Navigating an indictable offense can be challenging… As an immigrant, my worries went slightly beyond the possibility of incarceration but also deportation by Immigration… I believe Haroon must have gone over and beyond to get me a very good deal during resolution with the Crown, one that saw the Crown agree to drop all criminal charges eventually.”

J.J.

What is domestic violence, and how can a charge impact your future?

Because of the range of offences associated with domestic violence, the potential impact varies considerably from case to case.

If you’re accused of assault, threats, harassment, or confinement, the allegation becomes ‘domestic’ if it involves:

  • Intimate partners, including current/ex-spouses, common-law partners, and dating partners.
  • Family members.
  • Children.

Violence against intimate partners, family members, or children is an aggravating factor under s.718.2(a)(ii) of the Criminal Code, meaning judges must treat it as a reason to impose a harsher sentence.

“Many jurisdictions across Canada have a policy of charging first and asking questions later.”

Michael Oykhman, Senior Criminal Defence Lawyer

How seriously domestic violence is treated is reflected in the fact that charges are investigated and pursued with the help of:

  • The Domestic Abuse High Risk Team (DAHRT) and the Edmonton Police.
  • A dedicated Domestic Violence Unit at the Edmonton Crown Prosecutor’s office.
  • A designated courtroom in Edmonton (Courtroom 268).

It is essential to seek early intervention from a qualified criminal defence lawyer to improve your chances of avoiding the following types of penalties:

OFFENCE TYPICAL DOMESTIC VIOLENCE SCENARIO MAXIMUM PENALTY
Assault (s.266) Pushing, slapping, or striking a partner during an argument.

Summary: 2 years less a day

Indictable: 5 years

Assault with a weapon or causing bodily harm (s.267) Hitting a partner with an object, or causing bruising, cuts, or broken bones.

Summary: 2 years less a day

Indictable: 10 years

Sexual assault (s.271) Forcing sexual activity on a partner without consent.

Summary: 2 years less a day

Indictable: 10 years (14 years if complainant under 16)

Criminal harassment (s.264) Repeatedly texting, following, or showing up at a former partner's home or workplace after separation.

Summary: 2 years less a day

Indictable: 10 years

Uttering threats (s.264.1) Threatening to kill or cause bodily harm to a partner or their family members, including by text or voicemail.

Summary: 2 years less a day

Indictable: 5 years

Criminal confinement (s.279(2)) Locking a partner in a room, taking their phone, or preventing them from leaving the home.

Summary: 2 years less a day

Indictable: 10 years

Domestic violence offences are hybrid, meaning the Crown elects whether to proceed by summary conviction (less serious) or indictment (most serious).

No mandatory minimum sentences apply. The court will decide on the sentence. If you are convicted, we will make representations to the judge to impose the lightest possible sentence.

Actual sentences for first offences range from a conditional discharge or probation at the low end to significant custody for the most serious convictions.

What are the longer-term consequences of a conviction?

Beyond jail time, a domestic violence conviction in Edmonton can trigger several other serious consequences, such as:

  • A mandatory weapons prohibition under s.109 of the Criminal Code.
  • Required attendance at programs like the Partner Assault Response (PAR) program.
  • Possible DNA databank order for more serious offences.

Family Court and Child Protection Services also treat a conviction as negative evidence, which can result in restricted access or loss of custody of children.

A permanent criminal record can also affect:

  • Employment (particularly in vulnerable sectors such as childcare or education).
  • Housing applications.
  • Travel to the United States.
  • Immigration status for non-citizens.
  • Education.

“One thing people often don’t realize is that, unlike in the United States, Canadian police have their own discretion as to whether to lay charges once a complaint is made. After a complaint is filed, the complainant becomes just another witness, and just like any other witness to an incident, they cannot tell the police whether to lay charges or not.”

Michael Oykhman, Senior Criminal Defence Lawyer

Will you be released after a charge for domestic violence?

Domestic violence cases in Edmonton can move quickly. After arrest, you may be released from the police station on:

Alternatively, depending on the seriousness of the offence and your criminal record, you will be detained for a bail hearing. This must occur without unreasonable delay and in most cases within 24 hours, though delays can occur when a justice is unavailable, such as on weekends.

You may be transferred to the Edmonton Police Service’s Downtown Division at 9620 103A Avenue NW, Edmonton, AB, T5H 0H7, or held at the Edmonton Remand Centre (18415 127 Street NW, Edmonton) until your bail hearing.

During this period, a Strategic Criminal Defence lawyer will:

  • Visit you or speak to you by video.
  • Contact the Prosecutor assigned to the bail hearing to start negotiating your release.
  • Obtain a copy of the police information package detailing the allegations against you.
  • Prepare for your bail hearing (usually held by teleconference from your holding cell).

Unless the judge determines there is a risk to the victim or the public, you will be released with the following types of bail conditions (others may also apply):

  • No-contact orders to prevent contact with the complainant.
  • Stay-away orders from certain locations.
  • An order to leave the family home and find a new place to live.
  • Restrictions on visits with your children (supervised exchanges only).
  • Bans on weapons and limits on alcohol/drugs.
  • Mandatory attendance at counselling programs.
  • Requirement to report to a bail supervisor or police station.

We will advise you on what you can and cannot do to prevent you from breaching a condition of your bail and making your situation worse.

What happens after your release?

At your first court appearance after your release on domestic violence charges, your lawyer will request the Crown’s disclosure package. This contains all the evidence against you, including:

  • Police reports.
  • 911 recordings.
  • Forensic evidence.
  • Statements from the complainant and witnesses, etc.

We will review the evidence for weaknesses, omissions, or errors in the case. Pre-trial resolution options may be available to you. If so, we will negotiate with the Crown Prosecutor on ways to prevent a criminal record.

How can your domestic violence case be resolved?

Outcomes are highly dependent on the precise facts and circumstances of your case.

If the domestic violence charge is not too serious and it is your first criminal charge, your case may be resolved without a criminal trial.

Crown Prosecutors in Alberta follow a pro-prosecution policy in domestic violence cases. This means that the charge is unlikely to be withdrawn, even if the complainant does not wish to proceed.

The types of pre-trial resolutions sometimes available in domestic violence cases include:

  • Conditional discharge: Available for less serious first offences where you plead guilty and complete probation. No criminal conviction is registered if conditions are met.
  • Peace bond (s.810): You agree to keep the peace and comply with conditions for a fixed period. No criminal conviction results.
  • Mental Health Diversion (MHD): Available where a mental health issue is a primary driver of the conduct. No criminal record results if the program is completed.

If the case proceeds to trial and a conviction results, we will advocate for the lightest possible sentence.

Sometimes, voluntary completion of the Partner Assault Response (PAR) program before sentencing can support a more favorable outcome, including a conditional discharge.

What are the main defences for domestic violence?

Domestic violence cases are varied, with many potential defences available, depending on the circumstances.

Your lawyer will carefully assess the facts and evidence, and decide on one of the following defences:

DEFENCE WHAT IT MEANS EXAMPLE
Charter — Right to Counsel (s.10(b)) If police questioned you without letting you call a lawyer first, any evidence gathered may be thrown out. You were interrogated at the station before being allowed to contact counsel.
Charter — Unreasonable Search (s.8) If police entered your home or seized your phone without a warrant, that evidence may be inadmissible. Officers searched your property without legal authority.
Charter — Arbitrary Detention (s.9) If you were held at the scene or at the station longer than the law permits without being formally arrested, your rights were violated. You were detained for several hours at the scene without being told you were under arrest or allowed to leave.
Charter — Trial Delay (s.11(b)) If the Crown took too long to bring your case to trial, the charges may be stayed entirely. More than 18 months in provincial court or 30 months in superior court without good reason.
Abuse of Process If the Crown is pursuing criminal charges mainly to hurt your position in a family court custody dispute, that may constitute an abuse of process. Criminal proceedings timed to coincide with and influence a custody hearing.
Disclosure Failures If the Crown failed to hand over key evidence on time, the case against you may be weakened or stayed. 911 recordings or the complainant's prior contradictory statements were not disclosed.
Self-Defence (s.34) You used reasonable force because you genuinely believed you were about to be harmed. You pushed the complainant after they raised a hand to strike you.
Alibi You have evidence proving you were somewhere else when the alleged incident occurred. GPS data, receipts, or a witness places you at a different location.
Credibility of Complainant The complainant's account is inconsistent, unreliable, or motivated by a personal agenda. The complainant has a financial or custody reason to exaggerate or fabricate the allegation.
Lack of Intent (Mens Rea) The contact was unintentional; there was no deliberate act and no criminal intent. Contact occurred during a heated argument with no intent to apply force.

FAQs

No. Once a complaint is made, the decision to proceed rests with the Crown, not the complainant. Alberta Crown prosecutors follow a pro-prosecution policy in domestic violence cases and will often proceed even if the complainant recants or asks for charges to be dropped.

Do not respond. Your bail conditions prohibit contact. It does not matter who initiates it. Responding, even to a message the complainant sent first, can result in a breach charge. Document the contact and inform your lawyer immediately.

Possibly, but with restrictions. Bail conditions commonly require supervised exchanges and may limit or prohibit direct contact if the children witnessed the alleged incident or if the complainant is also their parent. Your lawyer can apply to vary conditions if access is unreasonably restricted.

Usually not in the short term. A condition to vacate the family home is standard in domestic violence bail. Even if you own the property, you will typically be required to find alternative accommodation until the matter is resolved or a court varies the condition.

A charge alone does not create a criminal record. A criminal record only results from a conviction. However, the charge will appear on a police record from the moment you are fingerprinted, which can show up on certain background checks before the case is resolved.

Get the help you need with a domestic violence charge in Edmonton

In domestic violence cases, the decisions made in the first 24 to 48 hours can significantly affect how your case unfolds.

Contacting a Strategic Criminal Defence lawyer early can help your case. We will advise you during the police investigation on:

  • Whether to speak to the police.
  • What investigators are likely looking for.
  • How to avoid steps that could be used against you later.

If you’ve already been charged with domestic violence, we will:

  • Review the allegations and assess the Crown’s evidence.
  • Identify any weaknesses in the Crown’s case.
  • Build a defence strategy based on the specific facts of your case.
  • Pursue pre-trial resolutions where appropriate.
  • Prepare for trial if necessary.

Strategic Criminal Defence lawyers understand how the Edmonton 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

Last Modified: August 11, 2026

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