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Law.Hut
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Category: Canada Law
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my daughter was beat by a her boyfriend, 3 days before she

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my daughter was beat by a her boyfriend, 3 days before she had a fall on her back side, he was charged by police the night of the assault last year. He has been playing her since, planning a wedding even though he had a no contact order, she fell for it, his lawyer ripped her apart on the stand today, so she is now realizing what he has been doing. Now the crown states it's too late for her to bring all his email and text messages to the table can't be used in this case. He is a lying manipulator what can I do to sue him for the hell he has put my family through. from the sounds of it he will get off on this. Lawyer says her bruises were from the prior fall, yet pictures at hospital the night of the assault showed redness where he hit her and dragged her around the apt for 3 hours, and chocked her. then I brought her to hospital 4 days later when I was afraid she was suicidal and new pictures were taken and the redness had turned to bruises.
what can I do to nail this manipulating bastard to the wall on my own
Submitted: 8 months ago.
Category: Canada Law
Expert:  Law.Hut replied 8 months ago.
Hello:

Your daughter can sue in civil court for assault. The court would be able to order money payable to your daughter for compensation for the assault.

It does not matter that the criminal charge may result in an acquittal. There is a higher standard to get a conviction on criminal charge, namely beyond a reasonable doubt. But in a civil proceeding, your daughter would only need to prove that the assault was more likely to have occurred than not. This is called the balance of probabilities proof. And you would be able to use all evidence that is now available to prove the assault, including any emails and contacts from the boyfriend to your daughter since the assault.

A lawyer is not mandatory for this but the law and procedure involved is not simple and an experienced civil litigation lawyer will be very useful. We are not allowed to refer you to specific lawyers here due to site policies. But the Law Society in most provinces has a free referral service and they have information on that at their web sites.

There is nothing further that you could do to try and help on the criminal case. Once he has been tried, if he's acquitted, that is the end of the matter.

I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Customer: replied 8 months ago.

after her testimony today they adjourned and will resume in June where they will be calling his other girlfriend who he went to Jamaica with 2 wks after the assault, yes he is a cheater, , got involved with my daughter while in a relationship with the other woman this lasted 2 year, all when she found out that he was moving on with my daughter she threathened to keep his child from him sent him a text of herself knowing that my daughter would see it , and she gave him an ultimatum ,my daughter or his, instead of walking away and chosing his child, he held my daughter in his apt for 3 hours and beat her, she finally found her cell phone when he fell asleep cause he was drunk and called 911, in the last year waiting for his trial, despite court order of no contact, he has been in contact and making wedding plans, that I had no knowledge of, because he is not welcomed ever in my home. now he convinced her that he wanted to marry her in the last 3 months and has now basically made her look like a psycho, he is a real player unfortunately, she will not be able to bring any witnesses to this criminal trial to vouch for her and I want him to pay for the pain and suffering he has caused and continues to cause, thank you for the information, I will pay whatever it takes to get her some closure, don't want money, but he works with her aned I want to make sure that he loses his job and stays away, cause I have a feeling he will be trying to get her fired now, cause his 2nd girlfriend will want her gone for good. My daughter has a good job with poss for advancement and he is a boss in the company.

 

Expert:  Law.Hut replied 8 months ago.
She will have much more control in a civil trial as to what witnesses or evidence she wants to call. Good luck.

You are welcome. If you have no further questions at this time, please rate the reply positively, as the site otherwise does not credit me, even if you have paid a deposit. You can still ask follow up questions on this thread after rating if you wish.
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Category: Canada Law
Satisfied Customers: 7819
Experience: with over 15 years experience.
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