R. v. V.K.

(Cochrane, P.C. - Domestic Assault). There are several different categories of assault recognized in the Criminal Code of Canada. "Domestic assault" is not a Criminal Code category; rather, it is a kind of assault recognized in the common law. Domestic assault is triggered when the alleged criminal assault involves a family member or a person with whom the accused cohabitates.

In Calgary and its surrounding area (including Cochrane), cases of alleged domestic abuse trigger special attention by the Prosecution. Criminal defence lawyers in Alberta who represent clients in domestic assault cases often have to deal with both the Crown and other social service agencies, such as HomeFront -- a social services agency that represents the interests of alleged victims of sexual assault.

VK was charged with assaulting a partner. VK had a strong defence to the allegation; however, notwithstanding the likelihood of winning at trial, VK had to consider the risk of trial, expensive lawyers costs, the strain of the charge and the impact on the long term survival of the intimate partner relationship stressed by criminal litigation. VK's partner was supportive of a non-criminal record resolution. With all this in mind, VK agreed to resolve the case by way of a peace bond with reasonable conditions in exchange for a withdrawal of the charge.

Alberta criminal lawyers experienced in handling domestic cases will often attempt to resolve by peace bond even though there may be a quality trial defence. This is often an advisable option because resolution by Peace Bond not only guarantees no criminal record (a trial does not), but it saves substantial legal fees.

David Chow is a Calgary based criminal lawyer who defends domestic assault cases throughout Alberta, British Columbia and Saskatchewan.