Domestic violence is a specific category of violent offence that is defined by the relationship between the accused and complainant. Though there is no specifically defined category of domestic violence offence, if violence has been committed against a spouse, family member or even a roommate the charge will be Prosecuted by a specialized Crown who works in a specialized Courtroom. In Calgary and Lethbridge there are even specific courtroom dedicated to Prosecuting domestic violence. In Cagary, the domestic violence court is staffed by police, probation, HomeFront workers and others who are present to help the Crown.
Defending a domestic violence allegations are often emotionally charged and sometimes require the Defence to address issues tertiary to the charge itself. For example, in addition to the criminal charges an accused may have to make alternative living arrangements or address child custody and welfare issues. This can increase both the financial and emotional strain on both the complainant, accused and other family members. If children were present to witness the allegation, defending a domestic assault may be more difficult.
How David Chow will Defend your case
Though many domestic assault charges are initiated by persons who truly require the assistance of the police, Crown or Court, it is not unusual for police to become involve in a domestic relationship as a result of an ulterior motive, such as a child custody dispute, disagreement over who retains the primary residence or other reasons for acrimony between persons in a relationship. Properly defending a domestic violence case requires your lawyer to responsibly navigate issues incidental to the criminal process.
The first step to defending your domestic violence charge is to obtain and review disclosure. Once disclosure is received and evaluated it is important to contact the Prosecutor about potentially resolving the case without a trial in a manner that will (1) avoid a criminal record, (2) properly account for the relationship between the parties and (3) take into account other family issues, such as those surrounding the home and children. If the case cannot be resolved early, trial may be the only option. Though trials are always the last resort, they are sometimes the only path to properly defending the case.
David Chow is a Calgary domestic assault/violence lawyer who understands your rights and appreciates your situation. He routinely obtains verdicts of “not guilty” in domestic violence cases or secures favourable outcomes for clients without the need of going to trial. David defends domestic violence offences in Calgary, Lethbridge, Cochrane, Brooks and throughout Alberta, Saskatchewan and British Columbia.
Defending all Criminal Offences