In 2022, it was reported that for the fifth consecutive year, instances of police-reported family violence had risen. Domestic abuse charges are complex. These cases shouldn’t be handled without the help of an experienced lawyer.
The Canadian legal system takes domestic abuse very seriously and has specific legislation in place to address these cases. If you’re facing charges because of domestic abuse in Edmonton, we want to help you know how to move forward.
Keep reading to learn more about the laws and how an attorney can help you.
When Can You Be Charged With Domestic Abuse in Edmonton?
In Canada, there is no specific offence for family violence. However, it’s important to note that most acts of family violence are crimes in Canada. For example, physical family violence can result in assault charges.
Let’s discuss some of the actions that can result in charges.
Physical Assault
If you physically harm or threaten to harm your spouse, partner, or family member, it could result in charges. This includes actions like slapping, punching, kicking, choking, or any form of physical aggression.
Sexual Assault
In Canada, it is against the law to engage in non-consensual sexual activities with your spouse or partner. It is considered sexual assault. It is important to remember that consent must be freely given by both parties and can be withdrawn at any time.
Psychological Abuse
Emotional manipulation and control tactics can also result in these charges. This could include the following:
- Threats
- Harassing or indecent phone calls
- Stalking
- Trespassing at night
The charges fall under this form of abuse if words or actions taken are intended to control, isolate, intimidate, or dehumanize someone.
Financial Abuse
Limiting a partner’s money or job options is another type of domestic abuse in Canada. In addition, theft, misappropriation of funds, and failure to provide necessities of life can fall under this category as well.
What Is the Penalty for a Domestic Abuse Charge in Canada?
Domestic abuse can encompass a range of offences. This includes the following and more:
- Physical assault
- Sexual assault
- Psychological abuse
- Stalking
- Harassment
The penalties for these offences vary depending on the severity of the crime. In some cases, individuals may face imprisonment while others may be subject to fines or probation.
For less serious forms of domestic abuse where there are no injuries involved, individuals might face charges under section 266 of the Criminal Code of Canada for common assault. This offence carries a maximum penalty of up to five years in prison upon conviction.
However, if the offence involves more severe harm or injury caused by intentional acts or recklessness on the part of the accused party, they may get charged with aggravated assault under section 268. This offence carries a maximum penalty of up to fourteen years in prison upon conviction.
In cases where there is repeated abusive behaviour towards a spouse or partner over an extended period, charges could include criminal harassment under section 264(1). In addition, it could include various other related offences like uttering threats or forcible confinement. These charges also carry their own penalties ranging from imprisonment to restraining orders.
Why Should You Hire a Lawyer for Your Domestic Abuse Charges?
Domestic abuse charges can have severe consequences, both legally and personally. Hiring an experienced lawyer who specializes in domestic abuse cases can greatly increase your chances of obtaining a favourable outcome.
Knowledge
A qualified lawyer will have in-depth knowledge and understanding of domestic abuse laws in Canada. They will be familiar with all the relevant statutes, regulations, and legal precedents that apply to your case. With their expertise, they can analyze your situation and create a defence strategy just for you.
Protect Your Rights
A skilled attorney will ensure that law enforcement officials or prosecutors do not violate any of your rights during investigations or court proceedings. They will also safeguard against any potential coercion or manipulation tactics often used by opposing parties.
Guidance and Support
Dealing with domestic abuse charges can cause immense stress, anxiety, and confusion. Having a compassionate advocate on your side who understands these complexities can help alleviate some of the burdens.
Negotiation Skills
Lawyers possess excellent negotiation skills that they can use on behalf of their clients during plea bargaining sessions or settlement negotiations with prosecutors. Their ability to effectively communicate with opposing parties may result in reduced charges or penalties if found guilty.
Achieve Positive Outcomes
Having representation from an experienced attorney increases the likelihood of achieving positive outcomes. This could include an acquittal or a reduced sentencing if convicted.
What Are Typical Defences for Domestic Abuse Cases in Canada?
Domestic abuse cases are complex legal matters that require careful consideration and strategic defence strategies. In Canada, several typical defences can be used to challenge domestic abuse charges. Understanding these defences is crucial for anyone facing charges.
Self-Defence
One common defence strategy is self-defence. This defence claims that the actions were necessary to protect oneself or another from harm or danger.
False Allegations
Another potential defence strategy is to argue that the allegations against the accused person are false. To do this, you might show proof or witnesses against the prosecution’s case. You could also prove that the alleged victim is not trustworthy.
Insanity
If the accused person has a mental disorder or illness that made them unable to understand their actions during the incident, they can claim insanity. This defence argues that they were not responsible for their actions due to their mental state.
Consent
In certain cases, such as sexual assault or assault charges, consent may be used as a defence. This defence states that both parties agreed to participate willingly in the activity, so no crime was committed.
Find Legal Help in Edmonton
A charge involving domestic abuse in Edmonton can feel overwhelming. However, the right attorneys can help you with your case. BARR LLP has been in the Edmonton area for over 40 years. We’re committed to providing the support you need throughout your case. Schedule a consultation today to find out more about how we can help.
