(ontario) how to get domestic assault charges dropped

This is a discussion on (ontario) how to get domestic assault charges dropped within the Domestic Violence & Abuse forum, part of the Divorce, Separation, Annulment category; my boyfriend and I had a fight where I asked him to leave. When he didn't leave I started punching ...

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Old Jun 23rd, 2012, 01:45 PM   #1
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my boyfriend and I had a fight where I asked him to leave. When he didn't leave I started punching and back handing him. He put me in a head lock as well as throw me down on the bed. I kept yelling at him to leave but he stayed and fought with me. I continued to be aggressive and even threatened him with a tool. I was taken to give a video statement. He left before the police arrived but was arrested 24 hours later. In my video statement I stated that I had been punching and even threatened him with a tool. Yet he was the only one charged. I also said some other damning things towards him in my statement such as, I made mention of a time before where I was attacking him and he retaliated by punching me in the stomach. I stated that the whole relationship had been hard and I was currently seeking help to deal with my emotions and anger. He was charged with two counts of assault and did not make bail on his first hearing. The second time around I had submitted a statement to the crown stating that I did not feel he is a threat to me, he does not have a problem with drugs and alcohol, and that I felt he was only in this circumstance because it was persisted by the stormy nature of OUR relationship. Now I would like to see him suffer no more hardship and would like nothing more than to see the whole matter dropped. I am interested in making a victim impact statement to express how badly things got out of hand in hopes of a better outcome for him. What can I do to prevent him from getting a permanent record as well as legally protect myself. Neither one of us have a criminal record. I love him and am willing to stay away from him even after the matter is over. Only because I know that we are harmful to each other. None the less I don't want him to suffer anymore through the legal system.
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Old Jun 23rd, 2012, 02:09 PM   #2
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Default Re: (ontario) how to get domestic assault charges dropped

I wish to inform you that charging and prosecution (“no-drop”) policies were introduced in Canada in the early 1980s, beginning with federal guidelines issued to the Royal Canadian Mounted Police and federal and territorial Crown prosecution offices in 1983. As the offence of domestic assault is criminal, therefore, the charges can be dropped by court on finding that your boyfriend is not liable.

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Old Jun 23rd, 2012, 02:16 PM   #3
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Default Re: (ontario) how to get domestic assault charges dropped

I understand that the charges can't be dropped. I am wondering if there is anything I could do such as, submitting a victim statement to the crown? I am afraid to do or say anything as I do not have legal representation. Also, would it be unwise to contact his mother to work this out with her to help him?
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Old Jun 24th, 2012, 09:13 AM   #4
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Default Re: (ontario) how to get domestic assault charges dropped

The Crown would have to drop or amend the charges. They are the only ones who can. Domestic violence is taken seriously for such behavior escalates. Studies have shown that one in 3 women murdered is at the hands of a domestic/intimate partner. And usually there is a record of domestic violence.

Your testimony explaining the full nature of the incident is the only mitigating evidence your post indicates might be used. That it was mutual combat. That might not get charges dismissed, but if you provoked beyond what a rational person could tolerate, the court might consider that in levying penalties.

When one engages in combat, fights, assaults another and charges are rightfully laid, it is too late to whine that it should not have happened and they don't want a criminal record.
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Old Sep 22nd, 2012, 08:33 PM   #5
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Hello I am so scared please help. Me and my bf got into a heated argument and the police got involved. I scratched his face accidentally and I also have some bruises from him on my arms. He didn't mean to do them he's not a violant person and has never hit me. When the police came my bf told them that yes I scratched his face and explained to the officer that he didn't want to press charges and told th to take him instead. But unfortunately they took me because I had changed my story cuz I was scared and nervous and intoxicated. At first I had explained that the bruises were not caused by him and caused by me falling cuz I did couple of times. But some bruising was caused by him to try to stop me from screaming in the car and hitting the car from anger. Then as they were arresting me I got scared and said well what about him? I have bruises from him. But ur arresting only me? And the cop got mad and said so u wanna change ur story now? And I said yes. Then I went on crying about all this and added more things that happened still defending him tho a little. I was all over the place. I have never been arrested in my life. So I want to know can charges be dropped from me for Dv?? If my bf says that it was all a misunderstanding, because it really was, the cops were called from the yelling not abuse. He never pressed charges because he never felt in danger of me. So if my bf says all this at the court and I say my true side can they be dropped ?? Please help
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Old Sep 25th, 2012, 09:56 PM   #6
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Default Re: (ontario) how to get domestic assault charges dropped

there are a lot of domestic violence cases that the court or prosecutor will not allow charges to be dropped and many families suffer greater tragedy because of this. I am trying to start a group and get some things out to the community to hopefully change things
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Old Sep 25th, 2012, 11:49 PM   #7
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Default Re: (ontario) how to get domestic assault charges dropped

Speak with the prosecution, if you are the initiator of assault charges in a criminal assault charge case. As the person who initially called the police or alleged assault, your testimony and cooperation will be key to the prosecution's case, even if you are not the legal plaintiff in the case.
File an affidavit of non-prosecution (ANP) with the court making the assault charges. This document indicates under oath to the court that you don't wish to pursue the charges and your reasons for doing. File a voluntary dismissal, if you are the plaintiff in a civil assault case.
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Old Oct 31st, 2012, 12:05 PM   #8
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Hi my bf and I got into a huge argument and I was so mad at him that I called the cops stating that he pushed me but when he actually didn't I didn't realize that they were going to charge him and that we wouldn't be able to see each other I am going to the crown on Monday to get charges dropped all I wanted to do was have him scared nothing more unfelt terribly bad of what I did and the situation I have put him in. I honestly didn't mean for this to happen and now I can't even see the man that I am suppose to marry in 7 months - how do I do this I am going to the crown and going to be honest and state that when I called the cops and made a statement I was doing everything out of anger I was so mad and not thinking in the right mind... People make mistakes and I am one of those people that want to fix it so we could be happy and move past this... Please help me.. Please
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Old Oct 31st, 2012, 07:19 PM   #9
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Default Re: (ontario) how to get domestic assault charges dropped

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Originally Posted by Unregistered View Post
Hi my bf and I got into a huge argument and I was so mad at him that I called the cops stating that he pushed me but when he actually didn't I didn't realize that they were going to charge him and that we wouldn't be able to see each other I am going to the crown on Monday to get charges dropped all I wanted to do was have him scared nothing more unfelt terribly bad of what I did and the situation I have put him in. I honestly didn't mean for this to happen and now I can't even see the man that I am suppose to marry in 7 months - how do I do this I am going to the crown and going to be honest and state that when I called the cops and made a statement I was doing everything out of anger I was so mad and not thinking in the right mind... People make mistakes and I am one of those people that want to fix it so we could be happy and move past this... Please help me.. Please
This is a perfect example of what's wrong with DV reporting these days. First, the authorities didn't take reports so seriously because they were unsure of the validity of such charges. Now that they realize many of these DV charges are much more serious than they sound, the authorities are taking the precaution of prosecuting first and asking questions later.

If it was solely upon your report that they arrested your boyfriend, then there may be a chance of the Crown dropping those charges. However, if in the future something DOES happen, your credibility will be in question. You may also be facing charges yourself for filing a false police report.
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Old Nov 7th, 2012, 07:44 AM   #10
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My boyfriend and I had got in a fight and I had said some very hurtful things and kept instigating a fight. Unfortunately he put his hands on me and cops were called and he was arrested for domestic violence. They said we cannot see each other until this is all over. It was honestly both our faults and we have a son together. Is there any way to get the charges dropped and be able to work on things through counciling?
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