What Happens After a Domestic Assault Arrest in Alberta or BC

Getting arrested for domestic assault is overwhelming — for both the person charged and the person involved in the incident. One minute it’s a heated argument, and the next there’s a knock at the door, someone in handcuffs, and conditions that tear your household apart.

At Patmore Defence, we deal with these cases often— and one of the biggest sources of stress is not knowing what happens next. So, let’s break it down.

1. Arrest and Detention

In Alberta and BC, when police are called to a domestic disturbance and believe there are grounds to lay charges, they will almost always arrest someone — even if the other party says they don’t want charges, or even if it may not be provable in court.

Once arrested, the person will either:

• Be released with conditions (usually a no-contact order)

• Or be held in custody for a bail hearing (typically the next day)

2. The No-Contact Order (Condition A)

Almost everyone charged with domestic assault will face a “no-contact” condition with the complainant. This often means they can’t go home or see their children, even if the complainant wants contact. These conditions are legally enforceable — violating them can lead to more charges.

A lawyer can apply to change or remove this condition by making a bail variation request, if all parties can come to reasonably acceptable terms.

3. The First Court Appearance

The first court appearance is usually within a few weeks. If you’ve hired a lawyer, they can often appear on your behalf. The Crown will provide initial disclosure (the police reports, statements, etc.), and your lawyer will begin negotiating and planning the defence strategy.

This is not your trial — it’s the beginning of the legal process.

4. Will the Charges Be Dropped?

That depends. Even if the complainant wants the charges dropped, it’s ultimately up to the Crown prosecutor, not the alleged victim. That’s why having a defence lawyer early on is key — they can present evidence, negotiate for alternatives, or push for withdrawal or fair and expedited resolution, where appropriate.

Need Help?

If you or someone you care about has been arrested for domestic assault in Alberta or BC, talk to a criminal defence lawyer right away. Ryan Patmore has over 15 years of experience helping people navigate exactly this kind of situation.

Free consultations available 24/7.

Learn more about Domestic Assault

📞 Call or text Patmore Defence: 403-909-4822
🌐 www.patmoredefence.com