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I was allegedly charged on 14 Jan with Assault s. 266 cc,

and Utter Threats s. 264.1...
I was allegedly charged on 14 Jan with Assault s. 266 cc, and Utter Threats s. 264.1 (1) cc. I definitely did not lay a hand on my wife, I might have uttered a threat, but not directed at her. This all stems from an argument. She stormed out of the house after throwing a telephone at me and later I saw a butcher knife laying on the ground. She went to the local OPP set and they sent 2 vehicles out and talked to me and checked out the house and only saw the broken phone and knife on the ground. They put me in cuffs and held me for approx 14 hrs in a cell and I was then taken to a local hotel where I have been staying roughly from 15 Jan to date. I have been told that I am not allowed contact with my wife or my house but even my auto until after court date. This is my first offence ever, we have never had and problem like this before. I have retained a lawyer but won’t be speaking with him till after the 1st court date or until he gets all the paperwork from the OPP and court. Since this is my first offence and the fact that I never touched my wife, not sure how Assault comes into play, but what do you think will happen. Not that it matters I am 59 and retired. Any comments and recommendations or at least what I can expect.
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Answered in 11 minutes by:
2/11/2018
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,729
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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Hello, thank you for the question.

Why would your wife has done this? Perhaps her motives will provide you with a defence.

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Customer reply replied 3 months ago
Very good question. In the past 8 months I found out she has racked over $15,000 in Credit Card debt and now has no source of income, she has mentioned that she wanted 50% of my income but I never thought much of it. She is also a cancer survivor and blames me for the cancer and the way she looks today (Brest Cancer). I am thinking she has gone off her depression meds and this could be a big issue. Also don’t know why I am being deprived our vehicle, I can understand not being allowed in the house, but this is starting to ring up big time costs with hotels and rental car

It sounds like you need to get a family lawyer as well as criminal. It is odd that you can't use the car. Is that because it's in her name? Is it a term of your recognizance not to use that car? Tell me about that detail.

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Customer reply replied 3 months ago
I am going to wait until the charges have dealt with first. The car was bought by me and I am the owner (Vehicle Registration) is also in my name, the wife the alternate driver on the insurance. That being said the OPP said something of the vehicle being a matrimonial vehicle. Getting back to my charges, being a first time offender and that I never touched her, and the fact threw a phone at me and she had a knife in her possession, though I didn’t stick around to find out what she intended to do with the knife, as far as my alleged charges go, what are my best and worst case outcomes from a legal aspect.

Police aren't family law lawyers. There's no such thing as a "matrimonial vehicle". Unless there's a court order, you can drive your own car, provided that you have a valid licence, insurance, and your name is ***** ***** ownership.

Your best case scenario is that the crown drops the charges entirely, perhaps because your wife recants. Sometimes if it doesn't look like a conviction is likely and it's a first offence, the crown will offer a peace bond in exchange for dropping the charges. The peace bond is a contract between the accused and the crown, in which the accused agrees that "behaved uncivilly" to another and now agrees to keep the peace and be of good behaviour. Then the crown withdraws the charge and there's no conviction.

On a simple assault, for a first time offender, you'd most likely get some probation time. But this knife is concerning. If she says you were threatening her with it, and said you were going to kill her, that could lead to other charges too. I'm not trying to worry you but you have to know your worst case scenario.

For now, stick to your terms of recognizance, write down everything you remember about what happened that night and keep adding to your notes, including how you were arrested and processed. You'll want those notes for your lawyer. On your first court date get an adjournment and your copy of the evidence, and then find a lawyer.

Does that make sense?

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Customer reply replied 3 months ago
The problem with veh, the police took my house keys which were on the same keychain as car keys. The police told me they also returned the keys to my wife at the house and since I am no allowed to the house I definitely can’t get the keys, but agree the OPP are definitely not lawyers. Also ref the knife, I never touched it; I presume she took it out the knife rack as she was headed that way and that is when I headed to the basement , but when I heard the house door close I then came back upstairs and opened the front door to see her driving off and the knife on the ground outside. At no time did I touch the knife, but the policeman wrapped it up in what seemed to be his glove and took it with him. The officer that took the knife, dvr license and car/house keys was not from the same police station as the other officer who put me in another car and took me to a different station. Why they did it this way is beyond me.And just to clarify. The car is registered in my name as the owner, as well as the primary dvr on The insurance and me as the owner on the bill of sale from the dealer.

I think you've seen what I wrote. What shall we talk about more?

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Customer reply replied 3 months ago
I think you have overlooked the knife issue, it was my wife that had the knife and not me. She was the one who had the knife in her possession and exactly what her intent with the knife is unknown to me.

I haven't overlooked it. What if she tells the police that you had the knife? You never know what she'll tell the police.

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Customer reply replied 3 months ago
that possible, but since they took the knife, my fingerprints are not on the knife, but my wife’s will be

Then that will help your side of the story. But you can't predict what she'll tell the police of course.

Anything else to discuss?

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Any updates?

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Customer reply replied 3 months ago
Hi:
Thanks for all the info. I had to get away for a few days. I do have an update, I spoke with my wife's daughter and she was told from my wife that I was pushing my wife around. Now she has no bruises etc, and also the house ie walls and furniture have no damage, the house ie walls furniture was checked out when the OPP came to the house to arrest me and they found no damage. Also my wife's daughter said that as far as uttering threats, " I would burn her in her bed" and " I would shoot her". Now the fact the there was no bruises etc on my wife and no damage to furniture or walls, and the fact I would burn her in her bed, that seems a bit extreme, why kill her and in the process destroy the house, it would be end of my life as I would have been convicted of murder and in the process destroy the house. As far as shoot her, I don't even own a gun, handgun or long gun. Going by these comments from my wife's daughter, does this change anything. Since there was no evidence of bruising etc on my wife, and no damage to the walls or furniture, does that leave the uttering threats to he says she says. There were no witness's to anything and everything is based on her word, which seems to me has been blown up far too much. Thanks for your help

That will be a great help at a trial but you're hoping it doesn't get that far. The best way to nip this in the bud is if there's evidence of mental health issues.

But it's still helpful, absolutely.

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Anything else to discuss about this topic?

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Customer reply replied 3 months ago
Question for you. I have found out that my wife is or will be seeking a divorce in this matter. Since I pay all the bills, am I legally ok to terminate our cable tv/internet/phone service since the package is in my name, and since I have no access, can I cut the insurance on the vehicle. Obviously I would inform the OPP of the cancellation of vehicle insurance. I was originally told be the OPP that I still had to pay all household bills even though I was denied access to the house. The reason being is why pay $250 for Cogeco when I can enjoy it and since getting the vehicle that is registered and owned by me is taking far too much time.
Thanks

How did you find out that she's seeking a divorce?

And she remains in the home while you're out?

Are you getting your own lawyer? The police are giving you bad information, as I said they aren't lawyers.

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Customer reply replied 3 months ago
Her daughter let it slip that she looking at division of assets, Yes I am no longer in the home. Yes I will be getting a divorce lawyer once my charges are dealt with. From what I have been told by people who have gone thru what I am right now, yes the OPP are kinda out to lunch, and actually not one the hook for household bills, but I am keeping a record of the bills I pay and will turn off Comecon on Tuesday sine it is a high bill that I am not getting any benefit from. I will talk to OPP and let them notice I am removing my wife from the insurance and ask them for the car back since I am the registered owner.
Customer reply replied 3 months ago
That should have cogeco. I will continue to pay for hydro and heat and house insurance

If you're the sole owner on the car's ownership, you can just go get it, or have someone get it for you if you're not to be near the home. I find it hard to believe that you're "restrained" from using your own car. Unless it got impounded for some reason.

As far as the bills go, you can cancel the bills in your own name. Obviously, that's a bit of a dick move and won't make you look any better in court. I recommend to keep paying the bills if you can afford it, and get a divorce lawyer sooner rather than later to start addressing those issues. The criminal case could take months.

As well you clearly don't want to turn off the heat or power or water, and the insurance has to be paid. It's still your house. Keep track of everything you spend, you'll want your share of that back.

Anything else to discuss? If not may I please have a positive service rating? Ratings are how I get paid by the site for helping customers. I'd appreciate it.

Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,729
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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Customer reply replied 3 months ago
Follow you ref the bills. It is only $250, I can probably live with still paying. Ref the car, I am not in possession of the keys. The police took them away from me the night that I was arrested, and then returned the keys to the house the next day (so they said), and since I am not allowed to go to the house or even talk to my wife, it is hard to get the keys.

Thanks for the accept.

You could get more keys made if you have the ownership. If you don't have that, you should be able to get another from the MTO. Just say you locked your keys in the car with the ownership if they ask.

Good luck

Ulysses

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