Domestic Violence Lawyers in Victoria

Facing a domestic violence charge can be frightening. Your entire life can feel like it’s in the spotlight. Cases can disrupt your home, your access to your children, and your reputation.

Strategic Criminal Defence has helped hundreds of families across Greater Victoria defend charges since 2021.

We work with sensitivity and decisiveness to protect your rights and seek the best outcome for you and your family.

Our team offers:

• 40+ combined years of criminal defence experience.
• 24/7 availability for urgent arrests and bail hearings.
• A track record that includes 75+ five-star Google reviews from past clients.

We focus only on criminal defence, so you get our full attention.

What counts as domestic violence in BC?

Domestic violence, sometimes called intimate partner violence, is not a specific offence under the Criminal Code. It is any of several charges laid against someone accused of harming or threatening a spouse, partner, or family member.

Complainants in these cases are often spouses, ex-spouses, children, parents, siblings, and other extended family members.

Here are some of the most common underlying charges:

Your relationship with the complainant makes the offence ‘domestic’, not a single section of the Criminal Code. The charge you actually face depends on what happened.

The most common domestic violence charge is simple assault. In these cases, the Crown can choose to charge the person by indictment or summarily. The use of weapons or choking makes sentences longer. If there is no physical injury, the chance of a more favourable outcome increases.

How does BC handle domestic violence cases differently?

For domestic violence cases, BC uses the Crown Counsel Policy on Intimate Partner Violence.  This is a specific province-wide policy, effective July 2026.

The Crown counsel usually continues a case once a person has been charged, even if the other person asks them not to. BC treats spouses and partners as vulnerable victims. Cases often move faster and with stricter conditions than other criminal charges.

The Crown is more likely to ask for jail time. The sentence can also be harsher, as the relationship is a factor in these cases. Our lawyers work to limit the consequences for you and your family.

What could a domestic violence conviction cost you?

A conviction means a criminal record, whether it’s for assault, criminal harassment, or uttering threats. That can lead to long-term issues with employment, especially if the job requires a clean record or a vulnerable sector check.

A criminal record can also create problems with:

• Custody and access to your children in family court.
• Your right to possess firearms, since courts often order a weapons prohibition in these cases.
• Immigration status, if you are not a Canadian citizen.
• Ease of travel, including to the US.

How can Strategic Criminal Defence help?

If someone makes a domestic violence complaint in the Greater Victoria area, it will likely be handled by one of the following:

• The Victoria Police Department.
• Saanich Police.
• Oak Bay Police.
• Central Saanich Police.
• An RCMP detachment.

For the highest-risk cases, several agencies share information through the Regional Domestic Violence Unit (RDVU). This team also includes victim support workers and the Ministry of Children and Family Development. However, any officer in the region can still take and investigate a complaint.

Officers usually interview witnesses, gather evidence, and request statements. The complainant’s own testimony is enough for Crown counsel to approve a charge. Try to speak to a lawyer before you get to this stage.

Will you have to attend a bail hearing?

The police may hold you instead of releasing you. If so, they will likely take you to the Vancouver Island Regional Correctional Centre on Wilkinson Road until your bail hearing.

We can look after the bail and release process for you. Bail almost always comes with a no-contact condition and a weapons prohibition, even before a conviction. If you live with the other person, you may need to show that you have somewhere else to stay before your release.

However, we can push for release conditions that still allow you to work and, where appropriate, to see your children safely.

Will your case go to trial?

Most criminal cases in Canada do not go to trial.

Victoria lawyer Julia Hunter worked with the Crown Prosecution Service and in Judges’ Chambers before becoming a criminal defence lawyer. She understands when the Crown’s case has weak points.

In domestic violence cases, that experience can lead to a pre-trial resolution that ends the case without a trial or a criminal record.

Resolutions might include:

• A peace bond. You agree to conditions, such as no contact and often the Respectful Relationships Program. In return, the Crown does not pursue a conviction.
• Diversion under BC’s Alternatives to Prosecution policy. This might be available for lower-risk cases. It resolves the matter outside court with no criminal record.
• A reduced charge. The Crown agrees to a lesser offence in exchange for a guilty plea. This avoids a domestic violence-related conviction.

In Victoria, there is no specific courtroom for domestic violence cases. A judge at the Victoria Law Courts, 850 Burdett Avenue, will hear your case. We can work to prevent a trial.

Testimonials

Here’s what clients have said about us. Remember that past results do not guarantee future outcomes.

What defences could we use in your case?

Your lawyer will review the evidence against you from the Crown’s disclosure package. The full relationship history is often relevant, too, not just the single incident that led to the charge.

Common defences used in domestic violence cases include:

• Self-defence, especially where both people were involved in a physical altercation.
• False or exaggerated allegations, which can arise in high-conflict separations or custody disputes.
• Lack of intent, or an honest mistake about what was said or done.
• Charter violations, such as an unlawful search, an improper arrest, or a delayed right to counsel.

Frequently asked questions