Criminal Law

5 Ways a Domestic Offence Calgary Criminal Lawyer Can Help You

Calgary Criminal Lawyer

There are situations in which you do not want to be at luck’s mercy. When you are being accused of a domestic offence, or are the victim of domestic abuse, is definitely one of those times.

In those moments, you want the best possible defence for you in order to have your rights protects, your best interests always in mind, and see justice done.

For those reasons, you will want an experienced Calgary criminal lawyer to support you through the whole process regardless of which side you are on – the accused, or the victim. On the next topics, we will look briefly into how a criminal lawyer in Calgary can help in specific situations.

Know Your Rights If You Are Being Accused

In Canada, you are protected by the Charter of Rights and Freedom which means that police cannot conduct themselves in ways that breach those rights, and many times due to people not knowing their rights police conduct themselves in an unlawful manner.

One of the first things that need to be made sure is that no rights were infringed, because evidence being used against you acquired in ways that infringe those rights may not be used in a Court, and the judge may not take them into consideration, greatly supporting your case. Experienced lawyers in Calgary will try to remove any self-incriminating evidence acquired that way.

This step can be tide-turning, if you are facing charges of assault there is a real possibility of being found guilty which entails living with the stigma of being a convicted felon and losing your liberty and some rights. If the decision of the Court is favourable to you, it means no criminal record or jail time.

Disputing Claims For You

Dealing with domestic offences does include presenting evidence, and whether you are the accused or the victim you will also need credibility.

An experienced and seasoned criminal lawyer can support you by using their experience and bringing in their resources, such as experts, to build your credibility about the evidence brought to Court.

Domestic offences can be very complex cases and put a huge toll on your mental health. It is pivotal to have a criminal lawyer with you that can deal with the parties involved so you do not have to.


Restraining and Protection Orders

Depending on your case you may need a restraining or a protection order. A seasoned lawyer can help you file to get the appropriate order depending on your case.

There are multiple types of restraining and protection orders that you can request, and if granted and the other party fail to comply with the order it can have serious civil and criminal penalties.

Some restraining orders are due to a violent history between family members and can be filled with urgency due to the emergency nature of it – such as the Emergency protection order (EPO) which needs to be reviewed by a judge within 9 working days. A judge may change the EPO to a King’s Bench protection order which is done with notice to the other party.

Other restraining orders can be acquired in the Court of King’s Bench and it applies to people who have been living together in a relationship. For it, you need to fear for your physical safety, and the other party does not need to be noticed of it. There are no fees associated with filing for a restraining order, and failure to comply with the terms of it may get the other party arrested.

Defending You In Court

An experienced and seasoned criminal lawyer in Calgary has access to relationships and resources that will support your case, regardless if you are the accused or the victim, a good lawyer will look at your case objectively and defend your rights as the law dictates.

They can organize the evidence in your favour, or challenge the other party’s evidence by looking for any that attacks your rights, such as evidence that was acquired through an unlawful search by the police. They can conduct research on the appropriate laws to better build a defence, as well as navigate the whole Court process so you do not have to in order so that you can focus on healing.

Supporting A Divorce and Ending the Cycle of Abuse

According to the Divorce Act in Alberta, in order for Court to grant divorce there are conditions that need to be met, one of them is in case of domestic abuse. Your lawyer can help you file for divorce in case you are married to the accused so the cycle of abuse can end, and you can focus on healing. They will help you navigate the legal process of it and deal with the terms and conditions of the divorce in your stead so you do not need to be in front of your abuser anymore.

Related Posts

Leave a Reply

Your email address will not be published. Required fields are marked *