R. v. R.P.P.

(Calgary P.C. - Domestic Assault). RPP was charged with a domestic assault arising from an incident involving an intimate partner. Intimate partner violence is recognized category of assault wherein the alleged victim is involved with the accused in a. domestic context. Domestic assault cases often arise when parties are involved in marital or relationship disputes and are often triggered when one party simply contacts police to request assistance. Often the contacting party does not want their partner charged with a crime. In Alberta, police are required by operation of policy to lay a charge in any case where there are reasonable grounds to believe a domestic assault occurred. Unfortunately, many domestic assault allegations are little more than policing choices, where one party (usually the male) is charged despite evidence that the other party might not be communicating candidly or even in situations where the other party may be the one responsible. 

RPP was charged with assault and choking. Choking has become a relatively common place charge that is often laid in the absence of actual choking evidence. For example, this Calgary criminal lawyer has handled many cases where choking has been alleged merely because one party has redness on the neck area. For an act to constitute choking requires an intent to cause suffocation. Though a person can assault somebody in the neck area (i.e., push or punch), an assault of this nature does not always mean "choking". 

In this case, witnesses who called police did not want RPP charged. Secondly, there was no evidence of actual choking. The Crown closely reviewed the file and opted to withdraw the charge on condition that RPP consent to a peace bond. Peace Bond is a common resolution in domestic situations where the evidence is relatively minor and/or where the complainant does not wish to press the case to court. It is important for anybody charged with domestic assault to appreciate that only the Crown can agree to a process that results in the withdrawal of charges.

David Chow has been defending domestic assault allegations since 1999 (as a law student). David Chow prosecuted domestic assault cases from 2002-2005 and has been a full time criminal defence lawyer who has defended hundreds of domestic assault cases. David has well over two-decades of criminal law experience. Charged with domestic assault/intimate partner violence? David Chow is a Calgary domestic assault lawyer who offers a free initial telephone consultation.