Domestic violence or domestic assault allegations require a particular set of skills to be used by the family lawyer because of the family dynamics and emotions involved in such cases. Perversely, these allegations can separate families and tear them apart. Often, individuals with no criminal record are held for bail hearings when facing domestic assault charges. Some people involved in domestic assault get released on bail from the police station. The police will ascertain how severe they believe the charges to be and then conclude whether to release the arrested from the station or hold the accused for bail. Most accusations of domestic assault will result in release restrictions that prevent the parties from communicating with each other. This means that accused persons often must move out of the family home and land with no contact with their spouse or partner and limited contact with their children.
Family lawyers that routinely represent people accused of domestic assault have undergone varying and changing bail or discharge orders. MD Family Law can, in many circumstances, arrange to have clients’ bail or discharge orders changed or varied to stop their families from breaking down. Domestic assault release orders can be changed by presenting a plan and positive evidence to the Crown Attorney that there is minimal risk of harm if the parties resume contact. We have had a great deal of success in getting families back together. If the Crown Attorney refuses to consent to a bail modification, we can bring a motion before the appropriate court to have a contested hearing on the proposed bail variation.
Domestic assault charges are sometimes settled by way of the accused entering a peace bond and the domestic abuse charges being removed. Agreeing to a peace bond is not a judgment of guilt. The involved that enters a peace bond will agree to the Court that they will live by certain conditions and not disrupt the peace for a specified period of time. In several cases, this is a great way to settle a matter without the risk of getting a criminal record.
Accusations of domestic assault in Alberta usually arise in the setting of divorce proceedings. Special attention needs to be taken into record when defending a domestic allegation while family law proceedings are occurring in the background. Perversely, some contestants use false allegations as a way to achieve the upper hand in family law proceedings. MD Family Law has excellent relationships with several family lawyers and will work closely with your family to help ensure a positive result in both family and criminal court.
Once a complaint has been executed, it is the Crown that decides whether or not criminal charges proceed. Sometimes complainants may require a lawyer to advise them on how to make their position known to the Crown. As well, a seasoned family lawyer can provide important independent legal advice to complainants, so they know their rights and the potential risks of being criminally charged themselves.