Contact DUI Lawyer David Chow for a Free Consultation

DOMESTIC assault lawyer in calgary

If you have been charged with a domestic violence offence there is a high likelihood that you are subject to a no-contact order with the complainant, an area restriction prohibiting your attendance at your own home and perhaps restrictive conditions that prevent you from having access to your children. These restrictions may cause personal, economic and financial hardship that negatively impacts all parties (including the complainant).

Ironically, the complainant-centric domestic violence protocol may have the undesired effect of victimizing or even re-victimizing the parties.

You may even be the real victim.

Though many domestic violence charges are initiated by persons who truly require the assistance of the police, Crown or court, it is not unusual for proceedings to commence as a result of an ulterior motive, such as a child custody dispute or disagreement over who retains the primary residence.

With every domestic violence charge, the accused is placed on bail. Since conditions of release generally restrict one’s everyday life (such as the place a person calls home), the likelihood of breaching bail is oftentimes dramatically and unreasonably increased.

There are ways to resolve most domestic assault charges without acquiring a criminal record.  How?  A peace bond is one option.

free consultation with a domestic assault lawyer in calgary

David Chow offers a free telephone consultation.

He recommends that you properly research and select your Calgary defence lawyer of choice. Always remember, any lawyer can advertise, not every lawyer is equally effective.  The fact is, if you are new to the criminal justice system, you probably don't know about the various defence practicing in Alberta. Just because a lawyer has been practicing for a long time doesn't mean he or she is better than a lawyer who has been practicing for less time; but the fact is, the longer a defence counsel has been practicing, the greater the chance that the lawyer has the experience to handle your case.  That said, there are many lawyers senior in years who have far less trial experience that some mid-level defence counsel. Also, there are many defence lawyers in Alberta who have a multi-disciplinary practice and thus may not have an exclusive "criminal law" practice. In Alberta's present economic environment, lawyers are looking for business and thus may be dabbling a variety of disciplines.  

don't hire a dabbler; hire a dedicated calgary criminal lawyer

403.452.8018


Domestic Assault  |  Common Assault  |  Sexual Assault  |  Homicide  |  All Crimes of Violence....

Recent Case Results

R. v. B.B.D.

September 16, 2021

(Cochrane P.C. - Assault).  BBD was charged with common assault arising out of a domestic violence incident in Cochrane, Alberta.  David Chow is not only a Cochrane criminal lawyer with his main office in Calgary, he makes the town of Cochrane home.  Though BBD was in conviction jeopardy, he also had many quality defences.  On the day of trial and despite having witnesses, the Crown offered to resolve BBD's case by way of a "conditional discharge". A conditional discharge is one of the most favourable sentencing outcomes based on a guilty plea. What makes a discharge favourable is that even though the accused is found guilty, no permanent criminal record will attach because the judge orders it to be discharged. Where an absolute discharge is one without conditions and thus more immediate, a conditional discharge results in the accused having to complete some conditions of probation in order to complete the terms of the discharge. Once the terms have been been fulfilled, the discharge becomes absolute. An important factor to consider in every discharge situation is that a non-permanent criminal record is reflected. By way of an automatic process, a conditional discharge drops off a criminal record after 3 years. In this case, BBD happily accepted the resolution offer because there was jeopardy of conviction and a much harsher sentence.  As a criminal  defence lawyer, it is very important to explore all options, including favourable resolution.  Researching Cochrane criminal lawyers? If yes, consider calling David Chow for a free initial telephone consultation.

R. v. P.B.P.

September 10, 2021

(Calgary, P.C. - Domestic Assault).  David Chow is a full service Calgary criminal lawyer who routinely defends domestic assault allegations. PBP was charged with common assault, uttering threats and assaulting a police officer arising out of an unfortunate incident involving a domestic partner.  After evaluating the case it was determined that PBP had a number of quality defences, including a credible argument that his rights were breached contrary to s. 8 of the Canadian Charter of Rights and Freedoms. Notwithstanding the quality defences, the Crown and Defence engaged in resolution discussions, ultimately resulting in a plea bargain to resolve by way of a "conditional discharge".  A conditional discharge is a disposition where despite the accused being found guilty, the Court orders that no permanent criminal record will register. To avoid the risk and costs of a trial, PBP accepted the conditional discharge. David Chow understands that there are many Calgary criminal lawyers to choose from. If you are in need of a defence lawyer to assist with a domestic assault case, call for a free consultation. David Chow appreciates the opportunity to earn your business.

R. v. C.D.C.

September 7, 2021

(Calgary, P.C. - Domestic Assault).  CDC was charged with common assault, arising out of a minor domestic dispute. In Alberta, police are under a policy directive to charge whenever they form reasonable grounds to believe violence (direct or indirect) has occurred in a domestic context.  "Domestic" means that the alleged victim is a person who resides with the accused (eg., husband/wife, parent/child, roommate ect.).  Experienced Alberta criminal lawyers will almost always attempt to resolve these types of charges -- where appropriate -- by way of a non-criminal record disposition, such as a peace bond. This approach is necessary; for it can guarantee no criminal record while be sensitive to the accused's financial circumstances. For instance, trials are uncertain and result in lawyer's charging much higher legal fees. In the opinion of this Calgary criminal lawyer, it is important to consider when hiring your criminal defence lawyer, his/her strategic approach to the case and whether that approach properly takes your budget into account. A lawyer who casually schedules cases for trial may not be acting in your best legal or financial interests.  CDC's case resolved without a criminal record. Also, remember, any criminal defence lawyer can advertise, not every criminal lawyer can properly defend a case.  David Chow is an experienced Calgary criminal lawyer with over two-decades of actually litigating cases in court. Call for a free consultation.

R. v. K.T.K.

August 30, 2021

(Calgary, P.C. - Domestic Assault/Threats).  KTK was charged with assault and uttering threats arising from an incident involving a domestic partner.  Notwithstanding that there is no specific offence for "domestic assault" in the Criminal Code of Canada, the common recognizes a class of assault arising in a domestic context. In simple terms, a domestic context is one that involves an altercation between persons who reside together. Though this typically involves incidents between domestic partners (husband/wife, girlfriend/boyfriend), it can also involve alleged criminal interactions between family members and roommates. In this case, the underlying concern for the defence was that the accused gave notice of a desire to end the relationship. This was met with a hostile response from the domestic partner that ultimately resulted in a heated exchange. The position of the defence was a combination of self defence and the credibility of the Crown's witness, who the defence asserted concocted or exaggerated the events. The accused did not receive an acceptable resolution offer, so a not guilty plea was entered and the case set for trial. In the days prior to trial, the Prosecution offered resolution by way of peace bond. A "peace bond" is a non-criminal record disposition that guaranteed no criminal record. The accused accepted the offer. David Chow is a Calgary criminal lawyer/Calgary domestic assault lawyer who offers a free initial consultation. To reach David Chow, please do not use the online form as it is not the most reliable method for connecting. Call 403.452.8018.