Cory Wilson is a criminal defence lawyer serving Calgary, Okotoks, Airdrie, Strathmore, Cochrane, Canmore, Didsbury,
Medicine Hat, Lethbridge, Grand Prairie and  Turner Valley.

Domestic assault is a serious crime that is taken very seriously in Canada. The Criminal Code of Canada now includes specific provisions that address domestic assault, including assault, sexual assault, and uttering threats. Domestic assault can carry significant penalties, including jail time and a criminal record, which can have long-term effects on a person’s life. As a defence lawyer, it is my duty to ensure that my clients are given the best possible legal representation in cases of domestic assault. In this blog post, I will discuss the history of domestic assault in Canada, the available defences, and what to look for in the best lawyer.

History of Domestic Assault in Canada

Domestic assault, also known as domestic violence, has a long history in Canada. For many years, it was considered a private matter and was not taken seriously by law enforcement agencies. However, over time, there has been a growing awareness of the seriousness of domestic assault and the damage it can do to individuals and families.

Canada’s first domestic violence shelter was established in 1973 in Toronto by a group of women who recognized the need for a safe haven for women who were experiencing domestic violence. Over the years, the shelter movement grew, and shelters were established across the country. These shelters provided a safe place for women and children to escape from abusive situations.

In 1983, the Canadian government introduced the Family Violence Prevention Initiative, which aimed to reduce family violence by promoting public awareness and providing funding for community programs. In 1993, the Criminal Code was amended to include specific provisions that address domestic violence.

Available Defences in Domestic Assault Cases

There are several defences available in cases of domestic assault. These include self-defence, defence of property, defence of others, and consent. In cases of sexual assault, consent is not a valid defence. In addition, the defence of battered woman syndrome may be available in some cases.

1. Self-defence is a common defence in domestic assault cases. If the accused can show that they acted in self-defence, they may be able to avoid a conviction. To establish self-defence, the accused must show that they believed they were in imminent danger of being harmed and that their actions were reasonable in the circumstances.
2. Defence of Property is another defence that may be available in domestic assault cases. If the accused believed that they were protecting their property or the property of another person, they may be able to avoid a conviction. However, the force used must be reasonable in the circumstances.
3. Defence of Others is a defence that may be available if the accused believed that they were protecting another person. The force used must be reasonable in the circumstances.
4. Consent is a defence that may be available in some cases, but it is not a valid defence in cases of sexual assault. In other cases, the accused must be able to show that the other person consented to the conduct.
5. Battered Woman Syndrome is a defence that may be available in cases where a woman who is a victim of domestic abuse may respond to her abuser in ways that are not typical of a person who has not experienced such abuse. The court may recognize that a battered woman who kills her abuser may be able to rely on this defence.

What to Look for in the Best Lawyer

If you or someone you know has been charged with domestic assault, it is important to hire a lawyer with experience in this area of law. A good defence lawyer will be able to assess the strength of the case against you, advise you on your options, and represent you in court. When hiring a lawyer, be sure to look for someone with a track record of success in domestic assault cases, as well as someone who is knowledgeable about the available defences and the nuances of domestic assault law. Here are some key factors to consider when looking for the best lawyer for your case:

1. Experience: Look for a lawyer who has experience handling domestic assault cases. You want someone who has a deep understanding of the law and knows how to navigate the legal system effectively. The lawyer should be familiar with the local court system and have experience dealing with prosecutors, judges, and other key players in the legal process.
2. Reputation: Check the lawyer’s reputation in the legal community. Look for reviews and testimonials from past clients to get an idea of how the lawyer works and what kind of results they have achieved. You can also ask for referrals from friends or family members who have worked with a defence lawyer in the past.
3. Communication skills: You want a lawyer who is a good communicator and who will keep you informed throughout the legal process. Look for a lawyer who is responsive to your questions and concerns and who will take the time to explain the legal issues in a way that you can understand.
4. Strategic thinking: A good defence lawyer should be able to think strategically and develop a plan for your defence. They should be able to identify the strengths and weaknesses of the case against you and develop a strategy that will give you the best chance of success.
5. Compassion and empathy: Domestic assault cases can be emotionally charged and traumatic for the accused and the alleged victim. Look for a lawyer who is compassionate and empathetic, and who will treat you with respect and understanding throughout the legal process.

Contact a Domestic Assault Lawyer Today 

Domestic assault is a serious crime that can have significant consequences for the accused. If you or someone you know has been charged with domestic assault, it is important to seek legal representation from an experienced defence lawyer. There are several defences available in domestic assault cases, including self-defence, defence of property, defence of others, consent, and battered woman syndrome. When looking for the best lawyer for your case, consider their experience, reputation, communication skills, strategic thinking, and compassion. A good defence lawyer can make all the difference in the outcome of your case.

Cory Wilson is a criminal defence lawyer based in Calgary and serving all of Alberta. If you have been charged with a criminal offence or are a suspect in a criminal investigation, call today for a free, no obligation consultation.