Domestic violence charges are often the consequence of disputes involving those in a relationship. One of the most common misconceptions is that the person who reports the violence can drop a charge. However, contrary to what many people believe, domestic violence charges will not automatically get dropped even if the person who calls the police changes his or her mind. Once an incident of domestic violence is reported to the police and a charge is laid, the Crown Prosecutor will then control the proceedings.
In a situation where the victim is no longer willing to be a part of the criminal proceedings, the Crown has the legal power to subpoena the complainant into court and stand him as a witness even when the victim refuses to do so or doesn’t want to testify regarding the incident. Canadian Law authorizes the Crown to arrest the victim and make him or her stand before the court. In other words, the victim is bound by law to tell the truth before the court. Having said that, let’s get down to how you can deal with a domestic assault charge.
Getting your domestic violence charges dropped with a peace bond
A law peace bond is an effective and common way of resolving domestic assault charges. What does peace bond really mean? A peace bond outlines certain conditions stipulated by the court, and the offender abides by those conditions for a certain period of time. For example, a peace bond can restrict the offender to go near or contact the complainant, and maintain good behavior. If you’re in a position to make the Crown Prosecutor resolve your matter through a peace bond, you’re likely to get your domestic violence charges dropped.
Avoid a criminal record
There’s is a difference between being discharged and being convicted. It’s important for you not to have a criminal record. A discharge can help you achieve this objective. After you have pled guilty to an offence, a discharge will allow you to avoid a criminal record. For this, you have to make a submission to the court explaining why you don’t deserve a criminal record. If approved, you will be discharged and you will not be convicted.
One thing being nearly certain, you cannot get your domestic violence charge dropped without legal assistance. In case you’re accused of domestic violence, talk to a criminal lawyer immediately to know your options. When it comes to legal proceedings, there are many possibilities as well as legal complications. Only a competent lawyer can provide the right legal assistance based on your situation.
Slaferek Callihoo: Criminal Lawyers in Edmonton
If you’re located in Edmonton, Alberta or surrounding area and need a criminal lawyer with years of experience and success to help get your charges dropped, we are ready to help. At Slaferek Law, we will take care of your situation through proper legal representation and knowledge. Give us a quick call to schedule a free consultation!
