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I have been arrested & detained for domestic assault. Will this affect my PR process.

Pepsi_cola_79

Newbie
Nov 11, 2023
8
0
Hello everyone,

Sorry for the very late reply. Everything worked out fine. The charges were completely dropped by prosecutor after the first court appearance. PR status is fine and we have travelled in and out of Canada many times. We are leading a happy married life. Wife and I learned our lesson that never pick up the phone and dial 911 on an impulse. Do it only if you are really really in danger, otherwise messed up situations like this can happen. I still live with the trauma of being imprisoned for 2 days and shackled with chains which were very cold. I hope the trauma of this incident will fade away with time.
I'm in same boat, court did not ask my passport, can I travel to India ?
 

Pepsi_cola_79

Newbie
Nov 11, 2023
8
0
Yo
@bubagump please reply as we are in a similar situation and it’s urgent. How did your wife tell crown she has no complaints? Did she submit any document? What did she have to do?
Your wife need to submit reactant statement, affidavits to crown, I do not want to prosecute my husband, your wife need her own lawyer to do this paper work, did they took your passport ?
 

scylla

VIP Member
Jun 8, 2010
92,935
20,542
Toronto
Category........
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Hi I have been charged too DV case, court didn't asked for my passport, my trial is next year, can I travel to India? Please reply thanks
Consult with an immigration lawyer.
 

bubagump

Full Member
Nov 5, 2018
28
7
Hi brother I have question, please reply, I'm have been charged DOMESTIC Violence, my bail condition is not to go near my wife, they did not ask my passport, can I travel to India or??? Please reply
Check what is written in your bail condition. If it says you cannot leave the country, then you cannot.

But if it says nothing like that, then you are free to leave to India and you should come back for the court date. I understand your situation completely. Good luck.
 

Pepsi_cola_79

Newbie
Nov 11, 2023
8
0
Check what is written in your bail condition. If it says you cannot leave the country, then you cannot.

But if it says nothing like that, then you are free to leave to India and you should come back for the court date. I understand your situation completely. Good luck.
I have check nothing, does your bail condition says you cannot leave Canada? Please reply thanks.
 

Anthonia2019

Newbie
Dec 17, 2023
4
0
Yo

Your wife need to submit reactant statement, affidavits to crown, I do not want to prosecute my husband, your wife need her own lawyer to do this paper work, did they took your passport ?
hello,

please I am in this situation. I called the cops on my boyfriend and he was arrested and has 6 charges. I don’t want him to go to jail. I plan to get a lawyer and submit an affidavit. Would this help? What else can I do? I have been calling saying I want to drop the charges but I was told it’s not up to me. His first hearing is next month
 

Anthonia2019

Newbie
Dec 17, 2023
4
0
Whenever the crown prosecutor called to update on the case, the wife gave a templated reply: "I have no charges and the police over reacted because we were not white". Something along the lines of implied intention "I wont be cooperating with you and wont appear in court". The prosecutor dropped the charges after the prosecutor got fed up that wife wont cooperate and no meat for the case. This is such a waste of money for the Canadian tax payers when they should be looking into genuine cases than trying to lock up every husband of wives who call 911 on an impulse or revengeful neighbours.
hello,

please I am in this situation. I called the cops on my boyfriend for domestic violence and he was arrested and has 6 charges. I don’t want him to go to jail. I plan to get a lawyer and submit an affidavit. Would this help? What else can I do? I have been calling saying I want to drop the charges but I was told it’s not up to me. His first hearing is next month
 

Pepsi_cola_79

Newbie
Nov 11, 2023
8
0
hello,

please I am in this situation. I called the cops on my boyfriend and he was arrested and has 6 charges. I don’t want him to go to jail. I plan to get a lawyer and submit an affidavit. Would this help? What else can I do? I have been calling saying I want to drop the charges but I was told it’s not up to me. His first hearing is next month
Sorry to hear about your situation.
Quick question, how he ended up with 6 charges? You must have gave statement, did you record your statement in police station? I mean video statement?

The answer is you can't do nothing, other than reactant statement, now your life & his life will control by the crown, do you have kids?
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
hello,

please I am in this situation. I called the cops on my boyfriend and he was arrested and has 6 charges. I don’t want him to go to jail. I plan to get a lawyer and submit an affidavit. Would this help? What else can I do? I have been calling saying I want to drop the charges but I was told it’s not up to me. His first hearing is next month
Your cooperation is not necessarily needed to pursue the case. It will be up to the evidence. Sadly many partners are in such a bad situation and have lost so much self-esteem that they aren’t able to recognize that domestic assault is rarely a one time situation. You can decide whether you wan to cooperate with the investigation. Would suggest you speak to friends and family and listen to any concerns they may have about your safety and relationship or reach out to domestic violence charities who may be able to provide you with support and counselling to determine whether you are in a healthy relationship or not.
 
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bubagump

Full Member
Nov 5, 2018
28
7
hello,

please I am in this situation. I called the cops on my boyfriend for domestic violence and he was arrested and has 6 charges. I don’t want him to go to jail. I plan to get a lawyer and submit an affidavit. Would this help? What else can I do? I have been calling saying I want to drop the charges but I was told it’s not up to me. His first hearing is next month
lot of judgemental high horse people here. But I am replying to you for your question and not a judgement for your relationship with your boyfriend like the other VIP judge Judy poster here who seems to get triggered on every domestic violence question for some reason.

Your case will be handled by crown prosecutor. The charges are laid based on your statement. Domestic violence cases cannot be dropped. It is upto to the crown prosecutor to drop the charges or the judge if it gets to the trial. What you can do is not to fan the fire anymore by not cooperating with the prosecutor for further proceedings of the case.

Your boyfriend should get a defence lawyer and they should work with prosecutor to lower down and strike off charges undergo counselling, anger management, conditional discharge etc. This will cost you time and money and further issues down the road for your boyfriend for job opportunities, immigration etc with a criminal records or a non conviction record.

Police and court are not your friends. Think twice when calling cops for a small domestic fight which can be resolved with love and understanding rather than getting police involved. If your life is in danger by all means call the cops, but not silly fights.
 
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bubagump

Full Member
Nov 5, 2018
28
7
Your cooperation is not necessarily needed to pursue the case. It will be up to the evidence. Sadly many partners are in such a bad situation and have lost so much self-esteem that they aren’t able to recognize that domestic assault is rarely a one time situation. You can decide whether you wan to cooperate with the investigation. Would suggest you speak to friends and family and listen to any concerns they may have about your safety and relationship or reach out to domestic violence charities who may be able to provide you with support and counselling to determine whether you are in a healthy relationship or not.
This is not an answer to the question they were asking.
No one asked for your judgement here.
 
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Anthonia2019

Newbie
Dec 17, 2023
4
0
Sorry to hear about your situation.
Quick question, how he ended up with 6 charges? You must have gave statement, did you record your statement in police station? I mean video statement?

The answer is you can't do nothing, other than reactant statement, now your life & his life will control by the crown, do you have kids?
Thanks for your reply. Yes I gave the cops statements and pictures when they came to my house and they recorded it. We don’t have kids. Would the recant statement be of any help?
 

Anthonia2019

Newbie
Dec 17, 2023
4
0
lot of judgemental high horse people here. But I am replying to you for your question and not a judgement for your relationship with your boyfriend like the other VIP judge Judy poster here who seems to get triggered on every domestic violence question for some reason.

Your case will be handled by crown prosecutor. The charges are laid based on your statement. Domestic violence cases cannot be dropped. It is upto to the crown prosecutor to drop the charges or the judge if it gets to the trial. What you can do is not to fan the fire anymore by not cooperating with the prosecutor for further proceedings of the case.

Your boyfriend should get a defence lawyer and they should work with prosecutor to lower down and strike off charges undergo counselling, anger management, conditional discharge etc. This will cost you time and money and further issues down the road for your boyfriend for job opportunities, immigration etc with a criminal records or a non conviction record.

Police and court are not your friends. Think twice when calling cops for a small domestic fight which can be resolved with love and understanding rather than getting police involved. If your life is in danger by all means call the cops, but not silly fights.
thanks for your reply. Would you advise I get a lawyer and make a recant statement, explaining he was drunk when that happened? And would alcohol management classes help before his first appearance in court. He doesnt have the financial ability to hire a lawyer and I’m so scared he would go to jail.