Violence, Harassment, and Threat Defence

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DEFENDING YOUR RIGHTS AGAINST VIOLENCE, HARASSMENT, AND THREAT CHARGES

Experienced Legal Defence Against Domestic and Personal Offences

At Davidson Gregory, we defend your rights against violence, harassment and threat charges. Our team can assess the evidence, identify viable defences, advise on risk, and develop a strategy tailored to the unique facts of the case. Early legal guidance is critical to protecting rights and navigating the process effectively.

We provide defence services for charges including:

Home » Criminal Defence Practice Areas » Violence, Harassment, and Threat Defence

Understanding Domestic Violence, Harassment, and Stalking

In Alberta, domestic violence (often referred to as “family violence”) includes a broad range of abusive behaviours occurring within family or intimate relationships. This can involve current or former spouses or partners, dating partners, parents, children, or other relatives.

Domestic violence is not limited to physical or sexual harm. It may include:

Psychological or emotional abuse (threats, intimidation)
Financial abuse (controlling access to money or resources)
Criminal harassment or stalking when committed by family or intimate partner
Damage to property used to intimidate or control

While “domestic violence” itself is not a standalone Criminal Code offence, the conduct involved is prosecuted under applicable criminal offences (such as assault, uttering threats, or criminal harassment).

Criminal Harassment

Criminal harassment, commonly referred to as stalking, is an offence under section 264 of the Criminal Code of Canada. It can be alleged in a wide range of circumstances and does not depend on the existence of any particular relationship between the parties.

An individual may be charged with criminal harassment where the Crown alleges that their conduct caused another person to reasonably fear for their safety or the safety of someone known to them. Allegations may involve conduct such as:

Repeatedly following or observing a person or their residence or workplace
Repeated communications that are alleged to be unwanted
Conduct said to be threatening or intimidating
Allegations of online or electronic monitoring or messaging

Not every unwanted interaction or communication meets the legal threshold for criminal harassment. The offence requires proof of specific elements, including intent, repetition, and whether the alleged fear was objectively reasonable in the circumstances. Each case turns on its own facts.

A criminal harassment charge can lead to arrest, release conditions, and significant restrictions on liberty while the matter is before the court. Conviction can carry serious consequences, including a criminal record and the possibility of jail.

Family/Intimate Relationships vs. Other Relationships

Criminal harassment allegations can arise between former partners, family members, coworkers, neighbours, or individuals who have little or no prior relationship. While cases involving family or intimate relationships may involve parallel family law proceedings or additional court orders, the criminal charge itself is assessed under the same legal framework.

In all cases, the court must carefully examine the nature of the alleged conduct, the context in which it occurred, and whether the legal standard for criminal harassment has been met. An allegation alone does not establish guilt, and individuals charged with criminal harassment have the right to challenge the evidence and the interpretation of events.

Early legal advice is critical in these cases, particularly where ongoing contact, misunderstandings, or disputed communications form the basis of the allegation.

Common Legal Defences for Domestic and Personal Criminal Offences

Allegations of domestic violence, criminal harassment, or stalking are treated seriously by police and prosecutors in Alberta. These charges are frequently laid alongside related allegations such as assault, sexual offences, or weapons and firearms offences. Each case is fact-specific, and the outcome depends on the evidence, the applicable law, and how the allegations are proven in court.

There are a number of legal issues and potential defences that may arise in these cases. Whether a defence is available, and how strong it may be, depends on the circumstances and the quality of the evidence relied upon by the Crown.

Potential defences could include:

Lack of evidence or failure to meet the legal requirements
Mistaken identity or false allegation
Self-defence or defence of another person
Lack of intent or knowledge
Charter violations and procedural defences

There is no one-size-fits-all defence to domestic violence, harassment, or stalking charges. These cases often involve:

Overlapping criminal, family, and civil proceedings
Bail or release conditions that restrict contact
Significant personal, professional, and reputational consequences

Our experienced Alberta criminal defence lawyers can assess the evidence, identify viable defences, advise on risk, and develop a strategy tailored to the unique facts of the case. Early legal guidance is critical to protecting rights and navigating the process effectively.

Speak with an Experienced Violence, Harassment, or Threat Criminal Defence Lawyer

Taking the right steps early can make a meaningful difference in how your case proceeds. At Davidson Gregory, our criminal defence lawyers provide strategic, results-driven representation with personalized attention to every client, whether a matter is resolved through negotiation or proceeds to trial. Each case is carefully assessed to craft a tailored defence strategy that protects your rights and responds to the unique circumstances you face. Our team is dedicated to clear guidance, decisive action, and unwavering support. Contact us today for an initial consultation.

Frequently Asked Questions About Domestic Violence, Harassment and Stalking

What types of behaviour can qualify as harassment or stalking?

This may include repeated unwanted calls, texts, emails, or messages; following or monitoring someone; showing up uninvited at home or work; threats; or online and social media harassment.

Is harassment a criminal offence in Alberta?

Yes. Harassment and stalking are criminal offences under the Criminal Code of Canada. Police may lay charges when repeated behaviour causes fear, intimidation, or safety concerns.

What is the difference between harassment and stalking?

Harassment generally involves repeated unwanted behaviour that causes fear or distress. Stalking is a more serious form of criminal harassment involving persistent or obsessive behaviour that makes someone fear for their safety.

Can a criminal lawyer help if no charges have been laid yet?

Yes. A lawyer can provide early advice if a complaint or threat of charges exists, help you respond appropriately, and in some cases intervene before charges are laid.

Can a criminal lawyer help have domestic violence charges withdrawn or reduced?

A lawyer can review the evidence and make submissions to the Crown. While the decision rests with the Crown prosecutor, a strong defence may result in charges being withdrawn, reduced, or resolved without a trial.