As a lawyer restricting his practice to Family and Criminal Law, Bob Kassian brings unwavering commitment and effective strategy in all Family Law and criminal defence cases, in particular in family and criminal matters that overlap. Domestic disturbance, for example, could lead to Family Law litigation as well as common law property rights, which mirror divorce matters. If legal problems are affecting one or multiple areas of your life, Bob Kassian can offer customized legal services to bring about an effective resolution. Bob has been a practicing member of the Alberta Bar for 30 years. During this time, he defended cases successfully in the Provincial Court, Court of Queen's Bench, and the Court of Appeal, which gave him insightful knowledge of Criminal Law to protect his clients' rights. This is crucial for identifying and preserving evidence and securing statements from witnesses that may be prejudiced or lost by failure to act quickly. He always ensures that every client is treated fairly as an individual, not just a number, and recognizes that everyone is presumed innocent before the law. Call us or visit us if you wish to seek help in Edmonton regarding any of the offences mentioned below.
Note that part of the defence may involve a careful review and revision of the terms of bail. Often non-contact terms, such as restraining orders, may prevent the accused from having contact with his/her children and other family members.
Bob Kassian provides versed legal counsel for these types of criminal offences:
Impaired driving Driving while being under the influence of drugs or alcohol which renders you incapable of handling a motor vehicle safely. It is worthwhile to note that recent amendments to both Federal and Provincial laws have been amended drastically. Penalties have been significantly increased as well as the Provincial driving suspensions. It is indispensable to consult with counsel immediately to ensure that you protect your rights.
Assault This is any contact or threatened contact that is not consented to by one person upon another. The maximum penalty pursuant to the Criminal Code is now 10 years.
Domestic assault Domestic assault is abuse that happens in the context of a domestic, marital or romantic relationship between two parties. This covers partnerships such as friends and girlfriends, spouses or common-law couples, and even family members. It is important to stress that part of the defence may involve a careful review and revision of the terms of bail, often non-contact terms (i.e., restraining orders) may prevent the accused from having contact with his children and other family members.
Sexual assault Any contact with another person of a sexual nature. The offences in this category can be from simple touching to causing bodily harm or even aggravated physical harm. There has been a significant increase in the penalties under this area of law as well.
Sexual exploitation The crime of sexual assault is mentioned in the Criminal Code of Canada which is engaged when a person is in a place of confidence or responsibility against a young person or a person with whom the young person is in a relationship of dependence. Instances include:
Touching (directly or indirectly) any part of the body of a young person for sexual purposes;
Inviting, recommending or encouraging a young person to meet others for sexual reasons.
Sexual interference with a minor Sexual interference requires the touching of some part of a young person's body for sexual reasons. Invitation to sexual interaction includes encouraging, recommending or inciting a young person to touch the body of another person for sexual purposes. In order to show that the accused was responsible, the contact would be deliberate and intimate. Evidence such as the portion of the body stimulated or any words or movements following the touching can be used to prove the touching was sexual.
Divorces In Canada, the only legitimate explanation for you to be granted a divorce is that your marriage has broken down. The court will accept that your engagement has been dissolved if you can show that you and your partner have lived apart for at least one year. In certain situations, the partners might live separately even though they remain under the same roof, but in this scenario, it is up to you to claim that you did not live as a couple when living together.
Common-law relationships What is identified as a common-law relationship differs from province to province in Canada, but usually means two individuals who live together for a long-term duration and share funds or properties.
Restraining orders A restraining order is a family court order that restricts what a person can do in any manner that the court deems necessary. The order can restrict where a person may go or who they can approach or speak with.
Emergency protection orders This is the order of the Court that the Provincial Court can offer complete protection in emergency circumstances where family violence has occurred.
Child support/custody/access Having custody of your children means that you are constitutionally entitled to make crucial decisions concerning their lives. These include judgments on schooling, faith, medical care, etc.
Custody/visitation rights Under Canadian law, unless the courts rule otherwise, all parents have equitable rights of custody of both offspring. Having the courts to give you custody is the only way to ensure that you are protected from any counter-motions made by your partner. However, in order to handle the courts, you need to talk to a legal professional to guarantee that you, and not your partner, succeed and persuade the courts to grant you custody of your kid.
Guardianship Generally, the guardian of the child would be either one or both of his or her parents. Section 27 of the Family Relations Act specifies that when a mother and a father live together, whether they are married or not, they are joint guardians of the child unless otherwise ruled by the judge.
Spousal support Spousal support consists of contractual, compensatory and non-compensatory support. In order for the former partner to be eligible for spousal benefits, they must first claim entitlement to support.
Separations When two partners start living separately and apart, it can be said that they have separated. Legal separation entails the contract that is created between two people at the time they get separated.
Property, common law, and paternity rights Property law includes real and personal property under common law. Real property is land, any construction on the land, any mineral rights under the estate, and any estate or buildings that might be called permanent. Personal property includes any property that is not real property.
Matrimonial property division The rule states that the ownership of any kind of property obtained by the partner after the marriage, which still remains at the time of separation, must be shared evenly between the partners. Any increase in the value of the property owned by a partner on the date of marriage must also be shared.
Matrimonial litigation If you are separated and considering a divorce, take the appropriate measures to secure your money in the future. This implies both the near future (for example, forming or modifying the will) and the long-term consequences of marriage, being separated or getting a divorce.
Prenuptial agreements The Family Law Reform Act officially authorized prenuptial arrangements to be signed in writing and observed by the parties. They can contend with a broad variety of problems, including land possession or segregation, parenting, schooling and ethical development of children (but not issues pertaining to child custody). The law forbids spouses from opting out of certain clauses of the Act that secure the rights of individual partners.
Settlement negotiations Many disputes result in arbitration or mediation rather than being resolved by a court of law. Settlement may be accomplished by straightforward agreement or by negotiation or via some other sort of dispute resolution mechanism.
While it may seem more cost-effective and easier to go for self-representation, in reality, it is not that easy to deal with family court on your own. Consider turning to a lawyer with experience in both Family and Criminal Law, such as Bob Kassian.
Sometimes Criminal and Family Law matters can end up interconnected, and when that happens, Bob Kassian can help. For example, after domestic assault charges have been laid, a judge may issue an emergency protection order, which turns the Criminal Law case into a Family Law case. In these types of cases, it is extremely important to turn to Bob Kassian for his knowledge and extensive experience.