Domestic disputes can escalate quickly. When police arrive at your door in response to such an incident, emotions are high, and stakes are even higher. Many people don’t realize that a single argument or misunderstanding can lead to serious criminal charges.
This is especially true for Alberta, where police take a zero-tolerance approach to domestic violence allegations.
If you’re facing this situation, it’s crucial to understand your rights, your obligations, and the need for a professional assault defence lawyer. This blog breaks down exactly what you should do, what to avoid, and how to protect yourself if you are accused of domestic assault in Edmonton.
Why Police Are Obligated To Respond To Domestic Calls In Alberta
Under Alberta’s zero-tolerance domestic violence policy, police are legally required to investigate all domestic complaints, even when no one wants to press charges.
According to Alberta Justice’s Family Violence Initiative, officers must lay charges if they have reasonable and probable grounds to believe a criminal offence has occurred, particularly under Section 266 of the Criminal Code, which deals with assault.
This means that even a heated argument, visible injuries, or conflicting stories may result in one or both parties being removed from the home and facing criminal charges, even without the alleged victim’s consent.
What To Do When Police Arrive At Your Door
1. Remain Calm And Composed
Do not argue, yell, or resist. Aggressive behaviour will be documented and may be used against you in court. Police often wear body cameras or record statements, especially during domestic incidents.
2. Do Not Obstruct The Investigation
Obstructing police can lead to additional charges under Section 129 of the Criminal Code. Cooperate with basic identification questions, but know your limits.
3. Exercise Your Right To Silence
You have the Charter-protected right to remain silent. You are not required to give a statement, and anything you say can and will be used as evidence.
Avoid trying to “explain your side.” These statements are rarely helpful and often damaging. Instead, say:
“I want to speak with a lawyer before answering any questions.”
4. Avoid Making Contact With The Other Party
Even if you feel the matter has been resolved, do not contact the complainant if the police are involved. Doing so could result in charges for breaching no-contact conditions or intimidating a witness, a criminal offence under Section 423.1 of the Criminal Code.
What Happens If You’re Arrested For Domestic Assault In Edmonton?
If officers believe a domestic offence occurred, they may arrest you on the spot. This can happen even if the complainant doesn’t want you arrested or denies the allegation.
Key Steps That Follow An Arrest
- You’ll be taken into custody and may be held until a bail hearing.
- No-contact orders or peace bonds may be imposed immediately, often preventing you from returning home.
- Police may collect evidence, including photos, witness statements, and call logs.
- Crown prosecutors take over the case, not the alleged victim. Once charges are laid, only the Crown can withdraw them.
How Domestic Assault Defence Lawyers Help At This Stage
Hiring a lawyer early can make a critical difference. A skilled domestic assault defence lawyer in Edmonton can:
- Represent you during your bail hearing
- Challenge unlawful arrest procedures
- Gather and preserve evidence favourable to your case
- Communicate with the Crown to negotiate withdrawals, diversions, or peace bonds
- Develop a strategic defence tailored to your situation
If the complainant wishes to recant their statement, this must be handled through legal channels. Direct contact or coercion could lead to additional charges.
Common Defences In Domestic Assault Cases
Every case is different, but several legal strategies may apply:
Self-Defence
If you acted to protect yourself or someone else, Section 34 of the Criminal Code may provide a full defence.
False Allegations
If you believe the complaint was made maliciously or under false pretenses, your lawyer can collect evidence, question motives, and cross-examine the complainant’s credibility.
Consent Or Accident
In some cases, the incident may not meet the legal definition of “assault” if it involved mutual actions or there was no intent to apply force.
About Slaferek Law
At Slaferek Law, we focus exclusively on criminal defence matters in Edmonton. With years of courtroom experience and a deep understanding of Alberta’s legal system, we provide strategic, respectful, and aggressive representation for clients facing domestic assault charges and other criminal allegations.
Our goal is to protect your rights, reduce penalties, and help you move forward. Contact us today to discuss your case confidentially.
