R. v. D.K.
R. v. D.K.
(Calgary, P.C. - Domestic Assault). As most criminal defence lawyers in Alberta will advise, clients charged with a domestic violence incident, depending on the severity of the allegation, may be able to resolve their case without a criminal record and without incurring high legal fees. This can often be done by way of a Peace Bond. DK was charged with a trivial domestic assault, arising from an incident with a domestic partner.
Police in Alberta are instructed to charge domestic assault when they have reasonable grounds to believe an offence has been committed. In the past, police had discretion about whether to lay a domestic violence charge, today, they that discretion is seriously attenuated. Many people call police hoping that they will simply talk to a domestic party, not knowing that once Police are involved, there is a very high likelihood that charges will be laid.
The case against DK was very weak. The evidence also disclosed a number of quality defences, including self defence and consensual fight. There were no serious injuries. The allegation of assault was a push. There was no punching, kicking, striking or anything more egregious. As a result of the allegations, the Crown quickly offered to resolve by way of a Peace Bond, the conditions of which permitted contact between the domestic parties. Peace Bond is often used in circumstances such as DK's because conditions of counselling can be imposed. The counselling is designed to give tools to help the accused just in case incidents arise in the future.
DK voluntarily consented to the Peace Bond. This resolution ensured DK had no criminal record and saved DK thousands of dollars in legal fees.
David Chow is a domestic assault lawyer with over 20 years of experience. If you need to defend your domestic assault charge at transparent and affordable fee rate, call for a free telephone consultation.