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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Family Law
Satisfied Customers: 78
Experience:  25 years in practice.
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I was recently picked up without a warrant on Assault ×2

Customer Question

I was recently picked up without a warrant on Assault ×2 charges in Ontario. Me and my common law partner are stuck in a very tight spot, our circumstances are different, we need help and have no idea where to begin.
We have a 6 week old child who was not present for the incident. I was a shift supervisor working 16 hours a day. Sunday Before I went to bed we were kind of arguing as I fell asleep but not yelling, it was a civil fight at around 11pm i went to bed. My domestic partner woke me up at around (2:30am) by scratching my face and i had a reflex action and i just kicked out because of the pain. (Im sure she would never hurt me but because i was unconsious.....). We argued a little more that night before i went back to sleep. I woke up at 6am and left for work and she was due to go on vacation for a few days so she went on hey way as well. She returned friday and told one of her family members about the incident and her family members put her under extreme duress saying they would have the kid taken if she didnt file some sort of report. So she did and then she warned me about it.
I was picked up wednesday of that week and charged with assault x2. As a result of never being charged before i was put on a promise to appear and discharged. I am on bail but the issue is im forced to be away from my family and home for nothing and they are suffering without me.
Iam not supposed to talk to my common law partner directly or indirectly but yet im supposed to arrange child access through a 3rd party. I feel these 2 stipulations conflict with themselves as i have to have indirect contact to arrange access for a child who wasnt even present for any of this? My partner, son and myself are suffering at the hands of our system. Please help!!!
Submitted: 4 months ago.
Category: Canada Family Law
Expert:  ulysses101 replied 4 months ago.

Hello, thank you for the question.

When is your court date?

Have you had any contact with your partner, despite the recognizance / promise to appear?

What province are you in?

Don't use details that can identify you, of course.

Expert:  ulysses101 replied 3 months ago.

I'm still here if you want to discuss your matter. Have there been developments?

Or maybe you have your own lawyer by now, or otherwise found help. If so, don't forget about your deposit (if you made one).

Ulysses

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