Domestic Assault
Hopkins Law is a criminal defence firm with expertise in domestic assault. We have handled hundreds of assault charges ranging from aggravated assault and assault causing bodily harm to minor domestic assaults. At Hopkins Law, we have earned a reputation for quickly and effectively dealing with assault charges.
Domestic Assault Lawyers – Edmonton & surrounding area
587-414-6851 *available 24/7
Hopkins Law – Criminal Lawyers
Edmonton: 11051 97 Street #101
Domestic situations are highly charged, and you need the assistance of a level-headed lawyer who can get you through the court process at an early stage. You need an experienced lawyer who can negotiate with the Crown Prosecutor and help you remove restrictions on your liberty. There are many ways to resolve an assault charge without a guilty plea, but sometimes it is necessary to go to trial. Hopkins Law will make sure that you understand your options and find the best solution available.
You have been charged with a domestic assault—what can you expect?
Being charged with assault can have an immediate impact on your family and your livelihood. If you are charged with assaulting a spouse or a family member, the police will impose a “no contact” order between you and the alleged victim. This can have the effect of denying you access to your home, your spouse and your children. If you rely on your spouse for money, you can potentially find yourself homeless and without the means to support yourself within moments of being charged.
Domestic assault charges are treated seriously by both the prosecutors and the court. Crown prosecutors usually ask for jail time for domestic assaults. However, your lawyer can advocate for alternative resolutions like a peace bond. These are often available for first time offenders.
If you enter into a peace bond, your criminal charges will be dropped. A peace bond usually involves a no contact order (unless the complainant wants contact) and a promise that you will stay out of trouble. You may also need to take counselling or a course on domestic violence. Breaching a peace bond is an offence, so it is important that you follow any conditions that are imposed.
Removing “no contact” orders is usually the first priority for people charged with domestic assault. “No contact” orders are mandatory and can only be removed with the consent of the Crown prosecutor. It is important to have your lawyer’s assistance when negotiating with the Crown prosecutor, since anything you say can potentially be used against you.
In Edmonton, a “no contact” condition can only be removed if the complainant meets with the Domestic Abuse High Risk Team (DAHRT). The DAHRT team is composed of a police officer and a social worker. They interview the complainant and make a recommendation to the Crown prosecutor about whether or not the condition should be lifted. It is important to note that even if the complainant wants full contact, the DAHRT team often recommends either no contact or only partial contact.
Complainants in domestic assault cases often want the charges to be dropped after the police have already laid them. In Canada, unlike in the United States, a complainant has no power to drop charges. Once police have pressed charges, only the Crown prosecutor has the power to drop them. If complainants want to have charges dropped, it is important that they receive independent legal advice.
Common Questions:
How long is a “no contact” order in place?
If you are released on a recognizance or an undertaking, there will usually be a condition requiring that you have no contact with the complainant, either directly or indirectly. This means any form of contact—even text messages, Facebook or passing messages along through a friend—will count as a breach and therefore, a further offence. The conditions will be in place until the charges are resolved. In Edmonton, if the complaint wants contact, he or she can meet with the DAHRT team outside of Courtroom 268.
What are the defences to assault?
Two common assault defences are self defence and “consensual fight.” It is important to consult with a lawyer before relying on a defence, since there are specific rules about what counts as a defence and when a defence can be used. For example, self defence is only available if you are protecting yourself or someone else, and you only use a reasonable amount of force. There is a great deal of case law on what counts as “reasonable.” Also, a consensual application of force is not an assault, but you cannot legally consent to bodily harm.
How long will I have to wait for an assault trial?
This depends on the complexity of the trial. A simple assault involving one complainant is usually characterized as “low complexity”—you can usually have a trial date within 4 to 6 months. More complicated assault files will be assigned to a specific prosecutor, and that prosecutor’s schedule will need to be considered when scheduling a trial date. For a complicated assault trial, you can expect to wait for as much as a year, even more, before your trial date.
At Hopkins Law, we understand that domestic assault charges can create a great deal of stress and anxiety. You need a lawyer who can quickly deal with your charges and help you to get the best possible outcome. Hopkins Law will help you navigate the court system and get your life back to normal as soon as possible.
Domestic Assault Lawyers – Edmonton & surrounding area
587-414-6851 *available 24/7
Hopkins Law – Criminal Lawyers
Edmonton: 11051 97 Street #101
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