Domestic violence, also known as “spousal violence” is a legal term for allegations of violence that are directed towards family and significant others (partners). Domestic violence typically involves spouses, husbands, wives, girlfriends, and boyfriends, but it can also include children,
aunts, sisters, brothers and any other relation.
The Courts take this form of violence very seriously – more so than the typical assault. Domestic violence is viewed as aggravating because of the relationship of trust that is built in family relations. Any violence between family members is said to have violated this trust. Our Edmonton domestic violence lawyers have the experience you need for fair legal proceedings.
Domestic violence includes not only physical assaults but also mischief and threats. An assault can include any form of contact, ranging from slapping and pushing to more serious forms of assault such as punching, kicking or stabbing. However, for a person to be charged there does not have to be direct contact. You may be charged if you break or steal property belonging to your family, including cellular phones (often to prevent calls from being made).
When a person is arrested for domestic violence the police often impose a “no contact” order. This means that the person accused of a crime is allowed to leave the police station so long as they promise not to contact, in any way (email, phone or in person) the other person that they are said to have assaulted or threatened.
This condition is almost always imposed and often comes with a companion condition that requires you to stay away from the complainant’s residence. It is possible to have both of these conditions changed or deleted, however, the process is often confusing and lengthy.
Often, the family member no longer wants to proceed with the charges without realizing that once the police are involved, it is no longer their choice. A lawyer is a valuable asset and is often crucial in having conditions changed or deleted, and in resolving charges in a favorable manner.
As domestic violence is a broad term, the punishment for it (if found guilty) ranges from a fine to jail. If you are found guilty you will have a criminal record which can affect your work and your ability to travel. With the legal assistance of our Edmonton domestic violence lawyers, there are other potential outcomes available to you. These other potential outcomes may avoid a criminal record.