
Facing an arrest for domestic assault can be a life-altering experience. Alberta’s legal system treats these cases with the utmost seriousness given their potential impact on families and communities.
Being accused of domestic assault doesn’t mean you’re guilty, but it does mean you need to act decisively to protect your rights and future.
Understanding what happens next can make a significant difference in your case. From the moment of arrest to the final resolution, this guide will walk you through every step of the process.
Whether it’s your first interaction with the legal system or not, having an experienced domestic assault defence lawyer by your side is crucial. This blog breaks down the legal procedures, common defences, and how Slaferek Law can support you during this challenging time.
The Arrest Process: What To Expect
When the police respond to a domestic disturbance, they are obligated to assess the situation and act if there are reasonable grounds to believe an assault has occurred. Here’s what typically happens:
Police Investigation
Officers will collect evidence, including statements from both parties, witness testimonies and any physical evidence such as injuries or damaged property.
Even if the complainant decides not to press charges, the police may proceed with the arrest based on their findings.
Being Taken Into Custody
If the police decide to arrest you, they will inform you of the charges, place you in custody, and transport you to the station. During this time, it is vital to remain calm and refrain from making any statements without consulting a lawyer.
Bail Hearing
Once in custody, you will usually appear before a judge within 24 hours for a bail hearing (referred to as judicial interim release in Canada). The judge will decide whether to release you with conditions or hold you in custody until your trial.
Common bail conditions for domestic assault include no-contact orders, restrictions on visiting shared residences, and mandatory counselling.
Your Rights After An Arrest
Being arrested can feel overwhelming, but you have rights under Canadian law that protect you throughout the process:
1. Right To Legal Counsel
You have the right to speak to a lawyer as soon as possible. Seeking immediate legal advice ensures that your rights are upheld from the start.
2. Right To Remain Silent
Avoid discussing the case with the police or anyone else until you have consulted with your lawyer. Anything you say can be used against you in court.
3. Right To A Fair Trial
You are innocent until proven guilty. The prosecution must prove the charges beyond a reasonable doubt before a conviction can occur.
What Happens After Release?
Once released, you will need to focus on preparing your defence. This involves several key steps:
Complying with Bail Conditions
Failing to follow your bail conditions can lead to additional charges and jeopardize your case. Adhering to these conditions is critical.
Attending All Court Appearances
Missing a court date can result in a warrant for your arrest. Mark all your court dates and prioritize attendance.
Building Your Defence
Your lawyer will review the evidence, interview witnesses, and develop a defence strategy tailored to your case.
The Legal Process For Domestic Assault Cases
Here’s an overview of the typical legal process:
Arraignment
At your first court appearance, the charges will be read, and you’ll have the opportunity to enter a plea. Most defendants plead not guilty at this stage to allow time for case preparation.
Disclosure
The Crown Prosecutor must provide all evidence they intend to use against you. This includes police reports, witness statements, and any physical evidence.
Negotiations And Diversions
Your lawyer may negotiate with the Crown to reduce charges or explore alternatives, such as diversion programs, which can result in the charges being dropped if completed successfully.
Trial
If negotiations don’t lead to a resolution, your case will proceed to trial. Your lawyer will present your defence, challenge the evidence, and cross-examine witnesses to advocate for your acquittal.
Defence Strategies In Domestic Assault Cases
A strong defence is essential to protecting your rights. Here are some common defence strategies:
1. False Allegations
Domestic assault accusations may sometimes arise from misunderstandings, anger, or manipulation. Your lawyer can uncover inconsistencies to challenge the credibility of the claim.
2. Self-Defence
If you acted to protect yourself or others, this could form the basis of your defence. Your lawyer will present evidence to support this claim.
3. Lack Of Intent
Accidental actions or misinterpretations of events can lead to charges. Proving a lack of intent may result in reduced charges or dismissal.
About Us
At Slaferek Law, we provide compassionate and skilled defence for individuals facing domestic and sexual assault charges in Edmonton. With nearly two decades of experience, our firm is dedicated to securing the best outcomes for our clients.
Contact us today for a confidential consultation by visiting our website or calling us now.