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Recently, I have become the victim of a domestic assault.

Recently, I have become...

Recently, I have become the victim of a domestic assault. However, I want the charges dropped, however I understand that it is up to the crown to make that decision or not. Originally the convicted was arrested based on our original stories that we gave to the police, however when the police later asked me to give an official witness statement. I did not give them one. I was wondering if the police/crown have enough evidence to make this case go to trial? I read online that for a witness statement to be admissible it must be signed by a witness. Note that I never signed anything, only thing that I gave the police was the original notes that the police took on the day of the crime.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Ontario

Lawyer's Assistant: Has anything been filed or reported?

No

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Customer reply replied 1 month ago
In addition, I was wondering if there was anything I could do to get the no contact order dropped.
Answered in 4 minutes by:
3/12/2018
LegalDan41
Category: Canada Law
Satisfied Customers: 335
Verified

Hello my name is ***** ***** I am happy to help today - have you ever given a formal statement or has the person charged confessed to anything?

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Customer reply replied 1 month ago
No the accused has not confessed, and I never gave a formal statement.
mfbesq
Category: Canada Law
Satisfied Customers: 1,377
Verified

when charges are lodged the police and the crown "take them over"

however, if you are adamant about them being dropped it can happen

doe the accused have an attorney?

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Customer reply replied 1 month ago
I don't know if the accused has an attorney, I would believe so.
Customer reply replied 1 month ago
I'm hoping that the charges are dropped before the trial. I was simply wondering if the police have enough evidence for this case to go to trial. The police only have the notes that they took from the night of the incident, in which I didn't sign anything.

if charges have already been lodged then at this point it does not matter

if they are lodged they will not be dismissed before the first hearing

after talking to you they determined there was enough to bring the charges, they may not have enough for a conviction without you

you could try to talk to the police to express to them that you do not want to proceed

or talk to the prosecutor to advise that you do not want to move forward, that is usually enough

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if the other side has an attorney the attorney maybe able to negotiate with the prosecutor to have the charges dropped as well

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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,938
Experience: Lawyer
Verified

I am sorry or the delay in getting an answer to your question from a lawyer in Canada. The question was placed on the US law list and then lawyers from the US answered. I am sorry about that.

Please disregard what was said and let me make sure you understand the law in Canada.

In Canada the police charge. You did not charge. The police charged your spouse because they had reasonable grounds for believing that an offence occurred and because the Crown believes they will get a conviction at trial.

It is not about your choice as to what you want to see happen.

As well we have a zero tolerance to domestic violence which is why charges are rarely withdrawn in domestic violence cases.

It doesn't matter if your statement is signed or not. You will be subpoenaed and will have to testify if the matter goes to trial.

You can speak to victim services who will help you communicate your views and wishes to the Crown which could help and certainly could not hurt.

There is nothing you can do with the no contact order now. This will not be lifted until either the charges are withdrawn or there is a trial or a guilty plea. If there is a conviction there will be another no contact order but then, and only then, you can apply to have the order lifted and it will be.

Does that clarify the law?

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.

Debra
Debra, Lawyer
Category: Canada Law
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