How To Defend Yourself Against A Domestic Violence Charge

September 22, 2022


Domestic violence or abuse is a serious offence that carries a risk of jail time, mandatory programs set by the court, and criminal records. Threatening someone verbally or nonverbally through text, email, or social media is deemed “verbal abuse,” which the courts may use against you.

Additionally, although there are instances where partners will choose not to press charges against one another, the victim is not the one who makes that choice. The Crown Prosecution is in charge of deciding whether or not to press charges.

Having an experienced criminal defence lawyer in Edmonton on your side is preferable, even though you can do it yourself if you have enough expertise. Here are some things you can do to prove your innocence.

What Exactly Is Domestic Violence?

Charges of “domestic violence” do not constitute a separate offence in and of themselves. The phrase refers to a broad spectrum of crimes committed within the home. It can refer to any deed or omission done to an intimate partner, child, or family member.

Most typically, the term “domestic violence” refers to physical or sexual abuse between intimate partners. Of course, this covers couples who have different sexual preferences as well as partners who share the same sex.

The most frequent non-sexual accusations in this situation include assault in violation of section 266 of the Criminal Code of Canada, making threatening statements in violation of section 264.1 of the Criminal Code, and criminal harassment in violation of section 264 of the Criminal Code.

Gather Important Information To Support Your Version Of Events

To back up your claim, you will need evidence. The best course of action is to start gathering proof for your claim, such as text messages, emails, video calls, and so on. The lawyer can build a stronger case in your favour the more information they have about you.

You should get in touch with any witnesses who were present or who can vouch for your reputation and urge them to support your cause.

In rare circumstances, the attorney could advise hiring experts to back up your claim, but this would be on your dime, and the experts must be pertinent to your case.

Also Read: Qualities That Denote The Best Criminal Defence Lawyer In Edmonton

Take Notice If Your Rights Have Been Violated

To make a domestic violence charge against you, law enforcement can intentionally or unintentionally violate your rights. Examples include unlawful searches of your car or home, intimidation or threats, or denying you access to reach your counsel.

You must contact an experienced lawyer if you have encountered such an incident. They can see if your rights were violated by law enforcement as specialists in the Charter of Rights and Freedoms since these infractions are arguable in court in your defence.

Contact A Domestic Violence Lawyer

Domestic charges can hurt people both mentally and emotionally. It’s always recommended to seek the help of an experienced lawyer on domestic violence charges. Furthermore, it is very critical that your lawyer knows the full story. Be honest with your attorney about what happened.

Even if you are accountable for the crime, it is essential to be open and truthful about what happened and why. The only way for the attorney to successfully defend you is with the truth.

Unexpected problems or shocks might hurt your case and damage your reputation and the confidence of your attorney. As soon as you can follow the accusation, you should present the proof in writing since it helps to verify its legitimacy.

How Can A Domestic Violence Lawyer Help You?

If the matter proceeds to trial, your domestic violence lawyer will advocate for you in court and put up a strong defence on your behalf. They will contest the accusation against you in light of the data you have given them and the proof gathered by the Crown Prosecution.

Your attorney will interpret the law and the evidence in your favour and will help to reduce the sentence, so you don’t go to jail and get a bad criminal record. Additionally, they will work to dispel the stigma associated with domestic violence, which is scrutinized more intensely than other assault allegations.

If you are found guilty, your attorney will work to get your sentence reduced and will look for other means of serving your punishment.

About Daryl Royer

Daryl Royer is one of Edmonton’s most sought-after criminal defence lawyers, with extensive experience in criminal law and an excellent reputation in Edmonton and throughout Canada. Learn more about Daryl Royer and his grip on criminal law.

Need a diligent criminal lawyer to defend your case? Contact Daryl now.

Get A Free Consultation, Contact Daryl Royer Today

Get A Free Consultation Contact Us