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my son was charged withv domestic violence ( she alleges he…

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my son was charged withv...

my son was charged withv domestic violence ( she alleges he pushed her into a door jam) no pic of any injuries just her word it happened, the "victom" is diagnosed bi polar and is also a alcoholic , she swore to "destroy " my son ,.she kept all his electronic s tv etc telling him "you have nothing here" later she offers vto ship his property if hed pay her 2,000 dollars to ship same. he deposits 2,000 dollars in her account ,she spends the money on a visit to jamacia and gloats over her succesful scam in texts ,then she has him arrested for "breach of bail" for contacting her, they lived together approx 6 months arguments started when she started transferring money from his account ,and he found she was on public assistance whilst working, hes a border guard who is now suspended pending the outcome of his case,.

Submitted: 8 years ago.Category: Canada Law

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3/10/2012

Lawyer: Ulysses101, Lawyer replied 8 years ago

Ulysses101, Lawyer

Category: Canada Law

Satisfied Customers: 4,943

Experience: 11 years experience in Canada family law, plus criminal, civil, and employment

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Thank you for using JustAnswer.

That's a sad situation. I'm glad your son has a lawyer to defend him on the criminal charges.

What has he been charged with, exactly?

What can I help you with?

Ulysses

Customer reply replied 8 years ago

First of all, she had accused him of this a year and a half ago and I was charged with 2 counts of assault based on some bruising on her back and arm. 2 days later she recided the accusation and she told the police they (the bruises) were birth marks, the police investigated this and they infact were bruises, the crown dropped the charges if I agreed to a peace bond to keep the peace, and I did. The next 6 months she was in alcohol rehab and attending AA and going to counselling on her on, an doing well so I reconsilled with her and a couple months later it started up again. This time I came home from work, she was intoxicated, started throwing a barage of insulting comments, as I went to leave she threw my Iphone on the floor, it smashed, I left to go to the police to make a complained and by the time I got there she had already called and said I pushed her and I was arrested.1 count of assault and one count of breach of the peace order. After the money was transfered for the moving of my belongings and another barage of texts including a picture of a male giving me the finger, saying mike thanks you for your things, and a well desearved vacation to sandals, I was arrested again for breach of reconissience, saying she said I was contacting her, and once again a breach of the peace bond. We have some of the texts and I have instructed my lawyer into getting a warrant for my text messages from bell. After my bail hearing on the second set of charges, I changed my phone number of 16 years and 4 days later I received a text from her Hey Baby!! (how she got my number, unknown, no one at all knew it) I immediatey contacted the police, explained the situation to the officer, he looked at my phone, called her and no more calls since. I gave the occurance number to my lawyer.

Lawyer: Ulysses101, Lawyer replied 8 years ago

That's quite a tale. Clearly, you should be having no contact at all with her, even if she initiates it.

What is your question? What can I help you with?

Are you the accused or is it your son? It doesn't matter which, just don't use any names or numbers or identifying information.

Ulysses

Customer reply replied 8 years ago

well one, after gher doing this once befor and recinding and the charges withdrawn, and her making a wild accusation again...... will it be acknowleadged by the court if it is presented correctly? One female officer that interviewed her said she was all over the place, did not seem to be able to stay on topic and when asked to wait in a certain area, left and went home, the officer contacted her boys who said she is bi-polar and its worse when she drinks, the officer had to go pick her up again and the officer said shes totally dillusional and the officer told be point blank you seen to be a good guy, that womans out to totally destroy you. ( That officer will be appearing in court) The question is....can someone like that with that condition, just throw alligations around? Can this be brought to the attention of the courts? She has a criminal record, will her word be taken for what it is or can this be used to show her true character? She has lied to the court and police on a few occasions.

Lawyer: Ulysses101, Lawyer replied 8 years ago

The fact that she's made allegations and accusations before and either recanted them or was shown to be wrong certainly goes to her credibility. Your lawyer will be able to use this history to try to convince the judge that there's reasonable doubt as to whether she's telling the truth this time.

If the Crown has statements that she's bi-polar, and drinks, which makes her condition worse, suddenly she's not looking very credible at all as a witness.

One officer saying that you seem like a good person and she's out to get you isn't evidence, just that officer's opinion. But when that officer testifies, your lawyer will know that the officer is sympathetic to you. That will help a lot.

Her dicey history and mental health problems and alcoholism will all be evidence the court will consider when deciding if she's credible. Then again, if she's that much of a mess I'd be surprised if the Crown proceeded with the charges. It's more likely that you'll be offered a Peace Bond.

good luck
Ulysses

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Customer reply replied 8 years ago

will the texts i have where she sends me concilitary messages suggesting we go back together , telling me she wants to find a storage locker in niagara falls for my property and hers (in fact softening me up for the theft of 2,000 dollars i sent to ship my property) i even have a text where she sends me her bank info so i could deposit the money for shipping ( remember i was forbodden to go near the apt complex,) on reciept of the 2,000 dollars she had me arrested for bail breach (contact) and gloated in texts about going to0 the "sandals "resort , and even sent me a picture of a unknown male giving me the finger ,with the caption "kevin says thanks" presumably some of my property,.............will these texts be allowed in as evidence of her criminality? ,i dare say she regrets sending them but i have them ,.?of course i realize the court will be more concerned with the case in hand , but surely this theft should be considered in referance to her charactor?

Lawyer: Ulysses101, Lawyer replied 8 years ago

She's not the one on trial, so her criminality isn't the issue. It's her credibility, whether her testimony about you assaulting her is trustworthy. Yes, those texts can be used as evidence and can hurt her in court. If she was legitimately afraid of you she wouldn't have contacted you.

I see this all the time. You can't contact her, but she can contact you. So she does, and if you reply then you get charged. The fact that she appears to have admitted in the texts that she did it on purpose clearly shows that she's "out to get you", and that evidence goes to her credibility.

Ulysses

Ulysses101, Lawyer

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