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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100050
Experience:  Lawyer
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I currently have a domestic assult trial in a few weeks and

Customer Question

I currently have a domestic assult trial in a few weeks and was told my significant other can speak to the crown to have them dropped
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: ontario
JA: Has anything been filed or reported?
Customer: in what sense
JA: Anything else you want the lawyer to know before I connect you?
Customer: me and my significant other are not allowed speaking but have been living together with our daughter with no other incidents, the police have been to our home on a few other occasions but this was the only time violence was an issue, he lied in his statement, and was told by cas the person drinking must leave the home if there is an argument, I was sober he was not he refused to leave so I decided I would but when I went back to get my daughter he ripped the keys out of my hands and continued to keep me and my daughter from leaving in that case I pushed his face which resulted in a scratch and I was charged. we have been going to see a consillour on a regular basis and alcohol is hot in our home. please help
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 8 months ago.

I'm very sorry to hear of this difficult situation.

Are you asking about whether what you were told is correct in terms of the Crown dropping the charges if your partner tells the Crown this is what he wants?

Customer: replied 8 months ago.
how would we go about this. Does he need to go to trial or can he write the crown a letter
Expert:  Debra replied 8 months ago.

What you were told is not really accurate.

Our society has what we call a zero tolerance to domestic violence policy which means that most of the time the charges are not dropped when there is a domestic violence situation.

And your spouse did not charge you. The police did as they had reasonable grounds for believing that you committed an offence.

It would be best for your spouse to tell the Crown what he wishes and that may help but it is not likely that the charges will be dropped.

The fact that you are seeing a counselor will help for sure.

Your spouse should speak to victim support as they can advise how your spouse can speak to the crown.

I hope that helps as a starting point.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 8 months ago.
But the fact that he lied in his statement and held me and my daughter basically hostage and that's why I pushed him to begin that not grounds for a dismissal?
Customer: replied 8 months ago.
The only reason I layer my hands on him was to get out which he was refusing to let me do by holding us in the livingroom
Expert:  Debra replied 8 months ago.

It is what you can prove in court when you go to court and have a trial but it isn't grounds for their charges to be withdrawn.

In other words, you have a solid defence if you go to trial but the Crown did not believe you and so you will have to prove this at the trial rather than thinking that the charges can just be dropped.

Do you see the difference?

Customer: replied 8 months ago.
I understand. I do have photos off the bruises and cut on me from him and especially my hand where I was holding the keys and they were ripped out. I have to defend myself but the crown has agreed to have a lawyer cross examine. At first they weren't . I just don't know what to do
Expert:  Debra replied 8 months ago.

So what you should do, is retain a criminal lawyer.

This is a serious situation as you can end up with a criminal record which can affect your employability and your ability to enter certain countries. It can also impact on any custody battle if there ever is one and can also cause the CAS to be concerned.

So retain a lawyer and fight this. Your case is strong and in fact you are the victim, clearly.

Customer: replied 8 months ago.
Ok thank you
Expert:  Debra replied 8 months ago.

You are very welcome.

Please let me know how this turns out. The post will not lock after you rate me so you can come back later and tell me.

Take good care and the best of luck!

Expert:  Debra replied 8 months ago.

Is there anything more I can help you with at this point in time?

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