Types of Offences
Domestic Violence is not a specific charge under the Criminal Code, instead, it is used as a descriptor when an offence happens in a domestic setting. Examples of domestic violence related offences include:
When You Are First Charged
Contrary to what is often portrayed in media, it is not up to the complainant (the individual who alleges that they are the victim of the offence) but it is instead the discretion of police to lay the initial charge. As it proceeds through the Court, it is the discretion of the Crown Prosecutor whether or not to proceed on the charges.
The Police may not formally arrest you when they first arrive. Instead, you may be given an Appearance Notice or Promise to Appear. If you are formally arrested and taken into police custody, you will likely be released on an Undertaking. In some situations, you may be detained and require a Bail Hearing. In this case, a Justice decides whether you should be released prior to trial, and what conditions you must follow.
Whether you were arrested or not, you were probably placed on conditions. One such condition is a “no contact” with the alleged victim and could include other family members or witnesses. Sometimes these orders will prevent an accused person from returning to the familial home, although a one-time arrangement may be allowed to collect property with the presence of a police officer.
If you are released on conditions, you could face additional charges if you do not follow them. You may also be required to attend a police station to provide fingerprints. Failure to do so will likely result in further charges.
It is very important that you retain any documents given to you by police, as they list the date and time of your first appearance in Court. It will also inform you which Courthouse you will need to attend at. For example, if you are charged with assault in Wetaskiwin, you will likely be required to attend Court in Wetaskiwin, even if you normally live in Edmonton. Sometimes you may need to attend at a Court in a neighbouring community if there is no courthouse where the alleged offence occurred.
Changing a No-Contact Order
A “no-contact” condition can be very difficult for you and the members of your family. It may be possible to have a no-contact order changed, or even removed. Such a change must be requested in front of the Court. This can be a complicated, and lengthy, process. If you are subject to a no-contact order, it is important to call Mr. Rory Ziv at 780-686-7948. Mr. Ziv can make substantial submissions on your behalf if necessary.
When a Complainant/Victim Wants the Charges Dropped
Sometimes the complainant wants to see the charges against their family member dismissed, commonly referred to as “dropping the charges”. The complainant may have changed their mind, or may not have wanted charges laid in the first place.
Ultimately, a complainant does not have the power to withdraw the charges against you. But, they do have the ability to express their wishes to the Crown Prosecutor. Although the Crown is not required to follow the wishes of the complainant, it may influence the Crown’s decision to continue its prosecution.
Peace Bonds
You may have heard of the possibility of a Peace Bond. A Peace Bond is an order made by the Court for an individual to “Keep the Peace and Be of Good Behaviour” for an agreed upon set of time. A Peace Bond may have other requirements as well. In Canada, there are two different types of Peace Bonds with different requirements for entering into them. Both require consent of the Crown and a withdrawal of the charges against you. Mr. Ziv can assess whether a Peace Bond may be a suitable resolution for your matter.
What You Can Expect
It is very important to retain legal assistance if you are charged with an offence which occurred in the domestic setting. The Courts take such charges very seriously, especially at sentencing. A conviction can result in a criminal record, even if it is the first time you have been charged. A criminal conviction often invites additional challenges going forward. You may be prohibited from entering certain countries, such as vacationing in Mexico or the United States. You may also face obstacles in obtaining or retaining your employment. If you are not a Canadian citizen, you could face additional, and severe, immigration consequences. If you are sentenced to a term of probation, you may also be subject to “no-contact” conditions which can affect your ability to live your life with your family the way you did before your charge.
Being charged with a criminal offence can be overwhelming and intimidating; Mr. Ziv will asses the case against you and will work with you to obtain the best possible result available to you, whether that is a withdrawal of the charge, a reduction at sentencing or even a full acquittal at trial. While a number of defences may be available to you, the best defence is a thorough and properly executed one.
