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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3502
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I have been charged with assault by my wife. I am a memtally

Customer Question

I have been charged with assault by my wife. I am a memtally sick person. How can I get speono for my psychtrist to appear in the court
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Edmonton, Alberta
JA: Has anything been filed or reported?
Customer: Yes the report has been filed and I was arrested but released later on condition not to meet my wife and go to the residence till the date of court appearance
JA: Anything else you want the lawyer to know before I connect you?
Customer: I do not know what else is required to be done from my side
Submitted: 9 months ago.
Category: Canada Law
Customer: replied 9 months ago.
Whether I will have to sit and watch till the day of appearance or any other action is required
Customer: replied 9 months ago.
However, I do not want the divorce from her. How can I save my family life. Can she file the divorce immediately after and take the restraining order from me. OR I will be given the opportunity to sit and talk with her before she proceeds for divorce
Customer: replied 9 months ago.
I am also not able to meet my children as they are minor (15 and 12 years old). How can I meet them. Atleast can I talk to them on phone?
Customer: replied 9 months ago.
Do I have to hire a private lawyer. Who will be representing me. I do not know. However, while I was in custody, I had a talk with one of the lawyers thrrogh the telephone access provided to me by police station. But I don not remember his name and also not have his contact number because I was in a state of shock.. Now what I am expected to do?
Customer: replied 9 months ago.
Later on If any other questions come in my mind. Can I talk tomorrow also
Customer: replied 9 months ago.
The assault does not involve any injury
Customer: replied 9 months ago.
If she file a divorce case then how much minimum time I would get between my date of hearing and the day she can file a divorce case
Customer: replied 9 months ago.
can I go out of country during the divorce case proceedings are in process.
Customer: replied 9 months ago.
What could be punishment for first degree assault charge
Customer: replied 9 months ago.
this is a first assault charge against me
Customer: replied 9 months ago.
Can she file the divorce case If I am out of Canada before the divorce case is filed. If yes, then will I have to come back to Canada to receive the notice?
Customer: replied 9 months ago.
If I do not come back for a period of time what implications could be there
Customer: replied 9 months ago.
Can I go out of country with a day or so after serving the verdict
Customer: replied 9 months ago.
If I want to gift any asset which is on my name. will I have to take the permission from my wife
Customer: replied 9 months ago.
If the answer is yes then can I gift any asset on my even though the divorce proceedings are in progress (before the divorce has been granted)
Expert:  Ulysses101 replied 9 months ago.

Hello, thank you for posting a question here.

I see that you're on a subscription, and that's good. I hope that you get good value out of it.

But please be aware that you should be asking separate topics on separate threads, it's difficult to sort out the many questions you've just asked. I appreciate that these are all on your mind, but can we pick one and explore it to conclusion first?

Your initial post was about getting a subpoena for your psychiatrist, right? Shall we talk about how to deal with the criminal charge first? I assume that you haven't been to your first court date yet?

What province are you in, and what are you charged with exactly? Let's stay focussed on one issue at a time please.

Customer: replied 9 months ago.
I am in Alberta, I am not sure what my wife has given the statement and I also have not received the copy of charges. But the charges were that on particular day of incident I twisted her arm and punched her quite a few times. she also told that this is not the first time. She involved my daughter who is 15 years old into this as a witness. She might have also told that I threatened to kill her
Expert:  Ulysses101 replied 9 months ago.

When is your first court date, then?

Customer: replied 9 months ago.
5th Dec. 2016 .
Expert:  Ulysses101 replied 9 months ago.

OK, here's what you should do. I'll try to keep it in order as best as I can.

1) Start making notes. Record everything you remember leading up to your arrest. Handwritten is best because it helps cement the memories, but it's also harder to edit so do it on the computer if you must. Keep reading it over and adding to it.

2) I'm sure that there are interim release terms, including "no contact" with the complainant. Make sure you know what all of those terms are and what they mean, and stick to them. If you can't go 100 metres within her residence, don't tempt fate by going to 101 metres with binoculars. You're likely facing several charges so don't make it worse by adding a breach of recognizance to those charges.

3) If you weren't fingerprinted / photographed during your arrest process, you'll have an appointment to go to a local police station before that. It's separate from your court date, although it might be on the same date and even location. Read your paperwork carefully, make sure you know when that appointment is and attend it. If you miss it you'll get another charge of "failure to appear" because it counts as a court date.

4) If you have time, start hanging out at the court house where criminal matters are processed. Find out where to park, what kind of security and how long it takes to get through, where the information boards are to find your courtroom, where check in with police administration is, where duty counsel and legal aid are located, which courtroom you'll likely to be in. If you want to, sit in on guilty plea court and get a feel for how the plea system works. You'll see different crown attorneys and different judges. Maybe you'll get to know which you want to try to avoid.

5) On your first court date, you'll much more comfortable and feel more in control at court if you've spent some time there already. Show up early, find your courtroom, and see duty counsel. You'll be asking for your copy of the crown disclosure (which is your copy of the documentary evidence to be used against you including witness statements and arresting officer's notes) and a crown screening form (on which the crown states which charges they are pursuing and what penalty they are seeking). Don't plead guilty on your first court date. You'll be tempted to because it's stressful and you want to "get it over with". Don't do it.

6) You may be able to apply for legal aid in the building, so bring some income information, some recent bank statements, recent pay stub, and last years Notice of Assessment from income taxes. With your screening form and that financial info, you may well be able to apply for legal aid that day and if you qualify that day. If you're accepted, start looking for a lawyer who will take the legal aid retainer; duty counsel can make some suggestions if you don't know any lawyers.

7) Read through the disclosure, make a note of where the witnesses or officers have gotten it wrong. Go see a lawyer (with your legal aid funding, or privately if you have to) with your screening form, disclosure, and your notes. Spend some time with the lawyer to review it all carefully. Discuss potential defences, and what deals with the crown are reasonable under the circumstances.

There isn't going to be a trial or testimony on your first court date so you don't need your psychiatrist to attend. Rather, you could let your psychiatrist know that you've got some criminal charges and that you're going to want their input and evidence, then let your lawyer discuss with the doctor how and when to get that evidence on your behalf. If there's a trial then your lawyer will take care of the subpoena. You don't need to worry yourself about that at the moment, that's a ways down the road of the process.

Then you go from there. Does that make sense? Anything else about this topic you'd like to discuss, about your psychiatrist or what to do to prepare for your first court date?

Customer: replied 9 months ago.
The reply was vey satisfactory.
Expert:  Ulysses101 replied 9 months ago.

OK, I'm glad to help

If we're finished discussing your matter, may I please have a positive service rating? Ratings are how I get credit from the site for helping its customers. I'd really appreciate it.

Good luck


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