At Bourdon Defence, we understand that domestic violence charges are extremely serious and that a conviction can have significant long-term ramifications.
Domestic violence laws are in place to protect alleged victims from dangerous people and situations, and domestic violence incidents result in protective or restraining orders being issued against the accused nearly one hundred percent of the time.
Violating a protective or restraining order can also have very dire personal and legal consequences for the accused. Although not everyone charged with domestic violence is ultimately found guilty or convicted, the laws are not in the accused’s favour, and the conditions that are incorporated into protective orders and restraining orders—and the penalties for violating those orders—can be extremely harsh.
Our lawyers have represented thousands of criminal defendants over the past 15 years. If you have been charged with or convicted of domestic violence, the criminal defence lawyers at Bourdon Defence are ready to assist you with your case.
Protective Orders and Restraining Orders
Judges issue temporary and final protective orders in domestic violence cases to protect alleged victims from harm and threats of harm. Protective orders may consist of some or all the following provisions:
- A “no contact” protective order, which prohibits any contact with the protected person whatsoever, including phone calls, texts, instant messages, and emails;
- A residential or business “stay-away” protective order, which allows for verbal, physical, and electronic contact, but no entry into the protected person’s home or place of business or employment;
- Partial protective orders, which allow for physical, verbal, and electronic contact with the protected person, but no abuse, threats of abuse, intimidation, stalking, or harassment directed toward that person.
Penalties for Violating Protective and Restraining Orders
In Calgary domestic violence cases, courts take protective and restraining order violations very seriously and a violation could be charged as either a summary conviction offence or an indictable offence, depending on the facts and circumstances surrounding the violation.
In any case, it is important to note that courts and judges will almost always look at protective order violations very conservatively, and seemingly innocent texting or phone calls made to an alleged victim following entry of a “full no contact” order could result in an indictable charge being imposed, along with serious penalties, including fines and jail time.
Contact a Calgary Domestic Violence Lawyer Today for an Initial Consultation
Domestic violence charges and protective order violations are serious business, and the penalties upon conviction can be severe. In an area of law that is very much victim-centered, you have the burden of convincing both the prosecution and the judge that the alleged victim is not at risk for further physical or emotional harm.
A knowledgeable and skilled Calgary domestic violence lawyer can assist you with formulating a successful legal defence to your charge. To schedule a free consultation and case evaluation, please call us at (403) 474-4143 today or contact us online.