CALGARY - David Milgaard and his wife are in love and are anxious to get back together after an alleged domestic dispute, his lawyer said Thursday.

Milgaard, who spent 23 years in prison for a murder he didn't commit, was charged last week with assault, assault with a weapon and uttering threats in an alleged fight involving his wife Cristina last week. There were no injuries.

Lawyer Hersh Wolch made a brief court appearance on Milgaard's behalf and had the matter put over for 24 hours.

"Both David and his wife are very anxious to get back together," Wolch told reporters.

"There's a no-contact (order) in effect right now as a matter of caution, but we provided a report which suggests that contact is desirable and I'm advised that David's wife has spoken to all the authorities and said, 'Look, I really want him home."'

Milgaard, who is 59 and has two young children, was released on his own recognizance after being charged.

Court records indicate he has been ordered to stay at least 300 metres away from the home in Calgary that he shares with his family. Wolch said Milgaard has been staying with friends.

Milgaard was wrongfully convicted of the 1969 murder of Saskatoon nursing aide Gail Miller and spent 23 years in prison before he was released.

DNA evidence eventually cleared his name and led to the conviction of serial rapist Larry Fisher.

"He's never fully recovered from what was done to him. He feels that much of this is way out of proportion and is more in his mind like innuendo, gossip and it's a private matter that he'd like to deal with in a positive way with his wife," said Wolch.

"They both tell me how much they love each other and want to be together.

"If this wasn't David, I don't think it would make the back page of the want ads."

Milgaard was just 16 years old when he went to prison. He and two friends, all of them young hippies, had been passing through Saskatoon on a road trip when Miller was killed.

Milgaard and his mother, Joyce, fought for decades to prove his innocence and in 1992 the Supreme Court overturned his conviction.

Milgaard was eventually paid $10 million in compensation by the Saskatchewan government, which held an inquiry into the case.

Wolch said his client is open to help through counselling.

He said it is up to the Crown to decide whether to drop the charges. Either way, Wolch said Milgaard will continue to avoid publicity if possible.

"He's not seeking publicity or attention. He never sought to be a celebrity. He didn't seek to be wrongfully convicted," Wolch said.

"It's a little different than when you have a politician or an athlete or somebody who seeks the limelight. He's never sought the limelight."