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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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My daughter has been charged with assault to her boyfriend.

Customer Question

My daughter has been charged with assault to her boyfriend. Yesterday they had a fight over Christmas gifts. Her boyfriend came to the house and forced himself in to collect the gifts she received from him. My daughter in defence hit him in the mouth with the jewellery and at the end of the fight he threw her down the stairs. He went to the police and filed a report. My daughter got a call from the police 10 hours after the fight telling to her that she is being charged with assault. The police told her to come down to the station and she will be held in jail till the next court hearing. We have not gone yet as it is Sunday and I know there will be no court hearing today. We also want to report that he was verbally and physically abusing to her as well and that he threw her down the stairs. What do we do now? There are no lawyers available today. Is it really input. to go today?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question.

Did your daughter speak to the police about when she should or would attend for processing?

Are you in an urban center? You could call the police station and ask if there's a bail court or "wash court" going on today in that jurisdiction, so if someone is arrested or turns themself in today, could they be processed today? (That's not typical, and given that it's already noon it might be too late to take advantage of that anyway)

Customer: replied 1 year ago.
Its sunday and I really do not think there will be a Bail court today. What does that mean?
Customer: replied 1 year ago.
Can we still file a report on her boyfriend fro assault?
Customer: replied 1 year ago.
If they put her in jail, what happens after that?
Customer: replied 1 year ago.
If we wait until tom. to go to the police station will that be too late? Its Monday then and we would be able to get a lawyer then.
Customer: replied 1 year ago.
Hi Do I still wait for you answers to my questions?
Customer: replied 1 year ago.
Hello are you still there?
Customer: replied 1 year ago.
Will you be getting back to me?
Customer: replied 1 year ago.
Where do I find your answers? In my e-mail?
Expert:  Ulysses101 replied 1 year ago.

I'm here. Typing.

If she is arrested today, she could be held for a bail hearing or be released on her own promise to appear.

It's probably the latter, but it's possible she'll be held for a hearing. She might be looking at assault with a weapon if she is alleged to have been holding something when she hit him.

That's why I asked if she has spoken to the police about when she has to turn herself in, or whether you live in a city where there might be a weekend bail court or "wash court" it's sometimes called.

So, what did the police tell your daughter?

You don't need to freak out, what's going to happen will happen. Staying calm and gathering information is the best thing you can do for her right now, ok?

Expert:  Ulysses101 replied 1 year ago.

I'm here. I hope you can tell me what the police said to your daughter, or whether they just left her a message, or came by her place.

You don't need to call the police about whether there's bail court today, as it's getting late. But it would have been nice to know.

I'll be here when you reply.

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