Im charge with domestic assault violence, and i need some advice / help?

Novarobin

In Canada, you have the right to apply for legal aid if you are charged with an offence. Go down to the local courthouse, they can give you the information or look up legal aid in the phone book. If all else fails, contact the Crown prosecutor and they can direct you. DO IT TOMORROW. you don't need one to plead not guilty, but should have one for when you go to trial. Judges get really cranky when you have had months to arrange this and you only look into it the week of your court appearance.

Your court date on April 7th is a plea day. Make sure you show up, if not you will be charged with failing to attend and a warrant will be issued for you. She will not be there on that date. The poster above, Time Traveller, is incorrect. You have already been released from custody. They will not ask to have you locked up at a plea hearing. You have also been issued you undertaking with the conditions of no contact, etc. The Crown will request they stay in place until the trial is completed. IF you want to change any of them, this is the time to ask. You can also make an appointment to go before a judge to have the conditions varied. If she decides she wants contact with you, she has to be there to consent the change of no contact.

If you plea not guilty, they will set a trial date, which can be many months down the road depending on your area. There can be postponements in the trial so it is possible there will e a few dates. Plus, if you are found guilty, your lawyer will usually request a pre sentence report. Someone does sort of a background on you, talks to family, friends etc. to decide what sentence may be appropriate.

The most important thing right now is that you do not breach any of the conditions you were released on, ESPECIALLY no contact. There is a good chance these charges may go away if she does not pursue them, but if you are caught in breach, they are sometimes easier to prove. If there is a no alcohol condition and you get caught by Police drinking, it will not go away.

Some provinces have a strict Domestic violence policy, such as Ontario and Nova Scotia. These provinces (not sure about others, New Brunswick does not) have a pro charge policy. That means if she discloses an assault occured and they believe it did, they have to lay charges even if she does not cooperate. I don't know if this is the case her. If she does not cooperate, ie give a statement, allow photos or show up or testify in court, the charges may be dropped.

Oh yeah, you should get disclosure prior to you court date. Disclosure means you get all the evidence against you, reports, officers notes, her statement if she gave it. You can contact the Crown's office to get this.

Regardless if you punched her or slapped her, you were wrong. Even though she scratched you back, you would still be considered the dominent aggressor. If you are really sorry, look into anger management classes. They can also help you out if you are found guilty. The judge will recognize when sentencing you are trying to take responsibility.

ETA- if the incident was 3 punches or a slap, no injuries and nothing else and you have no criminal record, it is likely that if found guilty you will be given probation. it is very unlikely you will do any jail time for a first offence. Again, by not breaching your conditions, it will show the judge that you know how to respect an order by law.

pleasant

In the US your first court date you plead guilty or not guilty. the second court date you talk to the prosecuting attorney, then the court sets up another court date. It is a long drawn out process. She should not be there for the first court date. that is if Canadian laws are the same as here

Dennis R

it depends, if the state finds enough reseanoble doubt and you wish to plead not guilty, you might have to go to trial which will be set 2-3 months later. I would highly recommend getting a good lawyer as the public defenders will do you little good. I was in the very similar situation, except I never touched the girl and was trying to break up with her, she knew I had a clearence so she called the police saying I hit her. There were no marks on here. I was arrested and charged with 3 felonies but the magesterate released me the same night without a bond, I have no criminal background and I recently got out of the Marine Corps so they believed my innocense but yet the state chose to prosecute..... go figure. I was appointed a free lawyer by the county. I had a protective order placed against me and first we had to go to court to see if she wanted to drop the protective order, she did. She wanted to withdraw the charges but that was no longer up to her. 3 months later we went to court and I was facing up to 30 years in prison (imagine my "sleep " the night before) Anyway, she was put on the stand to testify, she got caught up in her own story and it just didnt add up, the judge caught on to that and dismissed all the charges. I belive the detective charged her with submitting a false report (look out for the karma train) and I was set free. Now, the worst part of this all is that you have to get the charges expunged even though the case was dismissed. I am planning on going back in the Marine Corps as an officer and the record will be still be visible to the government along with disposition. Even though everything was dismissed, it is still extremely embarassing explaining as to why you were charged with 3 felonies........imagine if she kept her story straight and wanted to follow through with the charges.......hell of a trial that would have been. email me directly if you wish to talk or need some info

nicolie.wolie78

I'm not positive what laws you have in Canada but when this happend to me, my ex got the protection order dropped. They will give you a public defender. Since this is your first offense (ever) and they dont have pics of your girlfriend beat up, you more than likely get an anger management class and maybe a fine. They will drop your charges down to something lesser. Hope this helps

Time travler

Your first court date, you will be formally charged. The DA decides this by what the police report says. Then you will either go back to jail(not likely) or be given probation while you wait for your next court date. They usually give you rules that you must abide by such as no alcohol, and no time for the two of you together. Then your next court date, the DA will decide your punishment. In the United states this usually means a fine, probation for 1, 2, or 3 years, plus you have to take anger management classes for 1 year. If you can not afford a lawyer, one will be appointed to you. At least this is the way it is in the USA. If your lucky and don't believe her, they may drop the charges.

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