What is a possible penalty for a female for 1st time domestic assault charge in Ontario, Canada?
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What is a possible penalty for a female for 1st time domestic assault charge in Ontario, Canada?
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I got in a fight with my gf. Our verbal fight escalated to a physically one - she called the police and when they came, they accused her of assaulting me as I appeared to have food all over my shirt. The mess was a result of us wrestling with each other and knocking over things accidentally. So, they pressed assault charges on her – good thing was they released her from the police station so no bail hearing. We are going to get back together regardless - I know at this point, I don’t have control over the charges anymore but I would like some constructive advice on how I can help her get the charges dropped:
1: How can I get the ‘no contact’ condition changed to resume contact?
2: Should I or my gf talk to the crown or go to the justice of peace and sort this out? Will we need a lawyer or can we relie on a duty counsel?
3: If nothing is possible until her first appearance, what can she do at her first appearance to pull this to rest as soon as possible and contact me again?
4: What possible sentence would the crown give her for 1st time domestic assault? She has no criminal record, not a trouble type, very shy and actively volunteers.
Thank you in advance!
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David H
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It's going to be tough. In Ontario, there was a regulation passed that states that if there are signs of assault in a domestic situation, the police must lay charges, and the Crown must prosecute. Basically, they took all discretion away from police.
1. Going to be very tough until the charges are dropped. If you appeal to the Crown attorney and explain that there was no physical assault (play wrestling) then you might get it dropped.
2. If your GF can afford a lawyer, they tend to be better equipped and have more specific experience with domestic assault.
3. At the first appearance, your GF will plead not guilty and they'll set a trial date. This might be the time when her lawyer will ask for discovery (the Crown's evidence). If you don't cooperate and refuse to testify, then it will be the cops' testimony alone. If there were no photos of blood/bruises, then the Crown will probably drop the case because a conviction will be next to impossible.
4. Anything from absolute discharge (no criminal record) to probation/community service to small jail sentence (served on weekends etc). Most likely would be a conditional discharge (becomes an absolute discharge if she keeps the peace for a certain period of time) |
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