Unfortunately, it happens too often: partners bring up charges against their boyfriends, either in haste, anger or to generally harm them. The result is that their boyfriends now must hire a domestic violence lawyer in Calgary to defend their rights or risk suffering severe consequences, such as jail time.
So can assault charges be dropped by the victim? It can happen, but it’s not as easy as merely subtracting the complaint. Here’s why:
Is It Difficult To Get Domestic Violence Charges Dropped?
Firstly, you must understand that the police, or the Crown Prosecutor, are the ones that file the charges against the defendant. Your control is somewhat limited.
Contrary to what many people believe, domestic violence charges will not automatically get dropped if the complaint changes her mind. Once the police have made charges, the Crown will continue the prosecution of the accused, resulting in the complaint losing control of the proceedings. In fact, they can continue with the case without the help of the complaint.
If there is enough consistent evidence through eyewitnesses or other incidents in the past, and if indeed, the allegations are true, the Crown might not even require your statements regarding the charges. They might have enough information to continue with the court hearing.
How to Get your Domestic Violence Charges Dropped
There is a slight possibility that the charges are dropped or withdrawn if you act quickly by doing the following:
Getting A Peace Bond
A Peace Bond is a common and effective resolution to a domestic assault charge. Similar to a restraining order, a peace bond stipulates that certain conditions must be met by the defendant and the victim upon approval from the court. Some conditions can include limited or no contact, counselling and being of good behaviour.
If you can persuade the Crown Prosecutor to resolve your matter with a Peace Bond, the charges might be withdrawn.
While domestic violence is a serious crime, a knowledgeable and experienced domestic violence lawyer in Calgary can help you and your partner apply for a Peace Bond.
Avoiding A Criminal Record
You may also be able to persuade the Crown Prosecutor, with the help of your criminal defence lawyer, to apply for a discharge prior to trial.
A discharge allows the defendant to avoid a criminal record if they plead guilty to the charges. The defendant will have to explain why they shouldn’t get a criminal record and why it would be beneficial to the public to avoid conviction.
If successful, the defendant will be “discharged” from the offence instead of convicted and will not have to state that they’re a criminal record.
Submitting a discharge application or a Peace Bond should be done with a domestic violence lawyer’s assistance. They can ensure the process is done correctly.
Joel Chevrefils, Calgary Criminal Defence Lawyer is here to defend you against all criminal charges. When charged with a criminal offence, the first thing you should do is call your trusted Calgary criminal defence lawyer. His professionalism can help you with all concerns regarding your charges and the complex nature of Canada’s legal system. Chevrefils can help you with your charges in and outside Calgary, including Provincial Courts in Cochrane, Airdrie, Okotoks, Red Deer and Edmonton. Trust your case to Calgary’s most experienced criminal lawyer. Call today on 403-830-1980 or email [email protected] for your free consultation.