I need some advice regarding no contact order, pre trial etc. - all related to domestic violence in Ontario. I have already had a meeting with the crown and voiced my "wish list", my husband has his pretrial this upcoming Tuesday. We have a child together and have been separated since March, with the no contact order in place. It is making life extremely difficult as we are no longer a family and everything in regards XXXXX XXXXX child has to be arranged through another party. The only correspondance we have regarding our child is through the family wizard site which neither of us are signing up for.
Hello:You have option to try to convince the Crown to agree to change the non-contact conditions, or your spouse can apply to the judge in court to do so and you can speak in court to the judge as to why you want those removed. It would be best to explain the family situation such as having children, to confirm there has been no violation of the non contact terms to date, and that there is no fear regarding the other spouse, and that the desire to remove those conditions has not been pressured or been influenced at all by the other spouse. If the court believes this is a voluntary choice and there is no risk or threat to you or children, it can agree to modify the conditions even if the Crown does not consent.Please let me know if there is some further specific point about this that you want me to address.
with over 15 years experience.
I had a meeting with the Crown about two weeks ago, the Crown said she was not going to lift the no-contact order at all, nor was she going to drop any of the charges.
If the crown will not budge then the only option is to a judge. You should certainly contact your husband's lawyer to make sure she knows your views. If there is any guilty plea it will be up to a judge to determine non contact. The judge may in turn assign the matter to a probation officer to determine when contact would be appropriate. You can attend at the pre trial conference, although the exact procedure is up to the judge. Normally all aspects of a criminal charge are open to the public, but that does not mean a judge will allow you to speak. My experience is that prior to a trial, the. Procedure in criminal court is usually more informal and a judge will hear from a victim if you wish to speak up. Making it clear to the judge. That you are not at all interested in the non contact is the only option you have left. The judge can insist on this, but may see no real point to doing so, and may. In fact see this as negative given that the two of you have a child together. You could suggest that at the least some contact be allowed, such as only as necessary for parenting, or by phone only to discuss parenting matters, or as needed only to exchange your child or so on. If you are willing to attend counselling or know from your husband's lawyer that. He is prepared to do so, that can assist.Basically you want to try to tell the judge that there is no problem, but you realize that the courts treat this seriously and so you will take steps such as counselling or partial contact to make sure any concerns are recognized and that your husband is not offside the law in any way. So many couples just do not bother to try to correct these terms and just ignore them and have contact anyway, so hopefully a judge is impressed that you are trying mightily to change the legal terms and avoid any further breach.Law.Hut41084.8375788542
You can definitely contact your husband's lawyer and that will not violate his release conditions. This is legal, common, and entirely expected.Your husband can ask the lawyer to use your cooperation to try and convince the court there is no need for a restraining order or non contact conditions. You can be candid that you think you are somewhat to blame for the situation and so you want to take steps also to avoid the problem, such as counselling, or an anger management session. If there is a history of prior charges, the matter is going to be treated differently than otherwise. That is just the reality you have to work with. But the crown only has the police reports and if you want to give a more accurate or forced statement you will have to usually contact the police to do that. Even then, the crown can elect to proceed with charges if they think they can prove the charge even though you give some new information. Has there been an exception In the current order to use the family wizard site? If so, why have you not tried that? It is not at all the same as face to face, but if this is permitted it can help to communicate to a degree, plus also shows the court that you will try to work with what you have to make any non- contact term that allows parenting contact only succeed.Law.Hut41084.8516939815
There has never been prior charges. When the police took my statement they asked me to begin at the very start of our relationship. They then took this information and charged him with 12 counts.
Candid with the other lawyer for your husband and the judge.You do not have to advise anyone in advance that you will be attending court. Your being present allows the court to judge for itself if your appear to making this choice voluntarily and that it is well thought out on your part.He is free to travel as he sees fit unless this is specifically not allowed by a release condition.I cannot offer you an opinion on the outcome, both as I would be in the dark without knowing much more detail such as reviewing all the disclosure, but we are also prohibited from giving opinions through this site.If you have no further questions, please remember to rate any of the above replies. I do not receive any credit from the site if you choose the two lowest ratings.
The Crown twisted what I said and is making it seem like I am 100% innocent and that my husband is a perpetual abuser. The Crown completely dismissed what I said and is now taking it to trial.
I will check the new post.