Domestic Violence

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Domestic Violence Charges in Calgary? Expert Defense Lawyers

Domestic violence allegations are among Canada’s most complex and consequential criminal cases. These charges carry severe penalties, irreversible reputational damage, and immediate restrictions on family access. Under Canada’s zero-tolerance policy, accusations alone can trigger arrest, no-contact orders, and loss of parental rights – often before evidence is reviewed. At Gigera Law, we understand these cases demand not only aggressive defense but deep sensitivity to family dynamics and constitutional rights.

Understanding Domestic Violence Charges

Domestic violence (DV) refers to alleged abuse between intimate partners, family members, or cohabitants. Charges typically involve:

Physical violence (hitting, shoving, weapon use)
Psychological abuse (threats, intimidation, control)
Sexual violence (non-consensual acts)
Economic control (withholding finances)

Common Types of DV Charges

Assault (Simple or Aggravated)
Sexual Assault
Criminal Harassment (Stalking)
Uttering Threats
Mischief (Property destruction)
Breach of Restraining Orders

Domestic Violence Offenses Under the Criminal Code

Assault (Section 265)
- Definition: Intentional application of force without consent, or threats of force causing reasonable fear.
- Penalties:
  - Summary: Up to 18 months jail
  - Indictable: Up to 5 years (aggravated assault: 14 years)
- DV Context: Pushing, slapping, or threatening during arguments.
Sexual Assault (Section 271)
- Definition: Non-consensual sexual contact. Consent cannot be given under coercion, threats, or incapacity.
- Penalties:
  - Summary: 18 months jail + sex offender registry
  - Indictable: Up to 10 years (aggravated: life)
- DV Context: Intimate partner assault, marital rape.
Criminal Harassment (Section 264)
- Definition: Repeated conduct causing fear for safety (e.g., stalking, surveillance, threatening communications).
- Penalties: Up to 10 years imprisonment.
- DV Context: Excessive texts, showing up at workplaces, monitoring movements.
Uttering Threats (Section 264.1)
- Definition: Threatening to cause death, bodily harm, or property damage.
- Penalties: Up to 5 years imprisonment.
- DV Context: “I’ll hurt you if you leave,” or threats via text.

How We Defend Domestic Violence Charges

Challenging False Allegations – Prove accusations stem from:
- Divorce/custody disputes
- Immigration sponsorship pressure
- Revenge or mental health crises
Self-Defense & Consent Arguments
- Demonstrate you acted to protect yourself/children
- Show injuries were accidental (e.g., during de-escalation)
Exposing Evidence Flaws
- Inconsistent witness statements
- Edited audio/video evidence
- Coerced police statements
Charter Violations
- Illegal Arrests (No reasonable grounds)
- Denied Right to Counsel during interrogation
Alternative Explanations
- Medical conditions causing injuries (e.g., seizures, falls)
- Fabricated evidence (doctored texts/injuries)
Negotiation Strategies
- Seek peace bonds (no criminal record)
- Negotiate counseling instead of jail

What to Expect During a Domestic Violence Trial

Phase 1: Immediate Aftermath

Automatic No-Contact Orders: Barring home/work contact
Bail Hearing: We argue for exceptions (child access, essential communication)
Police Evidence Gathering: Seizure of phones/computers

Phase 2: Disclosure & Strategy

Obtain Crown evidence (witness statements, medical reports)
Hire private investigators to uncover counter-evidence

Phase 3: Preliminary Hearing (If Applicable)

Test witness credibility before trial
Seek charge reduction if evidence is weak

Phase 4: Trial

Crown Tactics: Emotional victim testimony, 911 calls
Our Defense:
- Cross-examine accuser on inconsistencies
- Present alibis/digital timelines
- Call expert witnesses (medical, tech)

Phase 5: Sentencing

Aggravating Factors: Prior record, weapon use
Mitigation Strategies: Therapy compliance, community support letters