- The difference between a divorce and an annulment - April 15, 2024
- Hidden costs to be aware of when buying a house - April 3, 2024
- The rules about legally transporting a firearm in Canada - April 1, 2024
By LegalMatters Staff • Police have two options after they arrest someone after a domestic violence complaint. The accused could be asked to sign an undertaking or other promise to appear document for a future court date.
They will also be told to move out of the home and not have any contact with the complainant and any other family members until the matter is resolved, in the courts or by a settlement.
“If you are charged with an assault and released on an undertaking or appearance notice, you will be required to submit to fingerprinting,” says Calgary criminal lawyer Matthew Deshaye. “If you do not appear for your fingerprinting date, or fail to appear in court on the assigned date you could be charged with ‘failing to appear’ and a warrant will be issued for your arrest.”
He says the second option after an arrest is that the police can hold a suspect for a bail hearing in front of a judge or a justice of the peace.
“If it is your first offence and the alleged abuse was relatively minor, police will typically seek a release with conditions,” says Deshaye. “These could include not returning to the family home, avoiding contact with family members involved in the incident, not consuming alcohol or drugs and not possessing firearms.”
He says that bail hearings must be held within 24 hours of an arrest, which means the accused may be kept in custody overnight awaiting a hearing.
“The charge laid will depend on the circumstances that led to the complaint and the evidence the police can gather,” says Deshaye, adding “the most common offence is assault.”
While domestic assault is not expressly defined in the Criminal Code, he explains it is a mandatory aggravating factor in sentencing if the offender is in a spousal or common-law relationship with the victim at the time of the offence.
