PROTECTED PERSON CHARGED TO COURT

[Lakeland4321]

A Protected person with his spouse and 2 kids that got a positive hearing in December 2020 and has applied for PR wants to know if his application will be affected as his spouse told he police after an argument that he slapped her. The police charged him to court and initially there were conditions restraining him from their home but it has now been amended and can return home. His spouse is regretting her action and refused to give a statement asking the police and court to dismiss the case. The court hearing is in a months time.

His question is will this charge affect his or his spouse and kids PR application even if the charge is dismissed and does not go to trial?

If yes, will he be deported due to this?

The spouse is very worried as she didn't know it would go like this

 

[Buletruck]

She doesn’t get to drop the case. Family abuse charges are prosecuted by the government. If he’s found guilty, depending on the charge, he could face deportation. Get yourself a good lawyer.

 

[Bornlucky]

A Protected person with his spouse and 2 kids that got a positive hearing in December 2020 and has applied for PR wants to know if his application will be affected as his spouse told he police after an argument that he slapped her. The police charged him to court and initially there were conditions restraining him from their home but it has now been amended and can return home. His spouse is regretting her action and refused to give a statement asking the police and court to dismiss the case. The court hearing is in a months time.

His question is will this charge affect his or his spouse and kids PR application even if the charge is dismissed and does not go to trial?

If yes, will he be deported due to this?

The spouse is very worried as she didn't know it would go like this

Hi - the answer regarding possible deportation for this offence for a Protected person is: no

https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-115.html?wbdisable=true

There has to be a "Danger Opinion" and you can see in the attachment some of the details. Is it possible to deport a Protected person, yes - but not for a simple domestic assault. You'll be treated just like a Canadian before the courts but you don't get the old heave ho.

They can relax and mend whatever issues that they're having and hopefully become whole once more.

Canada has and does remove Protected persons who have serious criminal convictions - indeed, they're a priority.

 

[Lakeland4321]

She doesn’t get to drop the case. Family abuse charges are prosecuted by the government. If he’s found guilty, depending on the charge, he could face deportation. Get yourself a good lawyer.

Thank you for your response, Legal Aid for now is helping out and has reached out to the Crown after the Crown amended the conditions allowing him to return home., It seems the Crown is leaning towards dismissing the case, they are waiting for the police documents If its dismissed, will it still affect their PR application?

 

[Lakeland4321]

Hi - the answer regarding possible deportation for this offence for a Protected person is: no

https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-115.html?wbdisable=true

There has to be a "Danger Opinion" and you can see in the attachment some of the details. Is it possible to deport a Protected person, yes - but not for a simple domestic assault. You'll be treated just like a Canadian before the courts but you don't get the old heave ho.

They can relax and mend whatever issues that they're having and hopefully become whole once more.

Canada has and does remove Protected persons who have serious criminal convictions - indeed, they're a priority.

Thanks a lot for your response. What does "old heave ho" mean? Also, will it affect their PR application which is still in the early stages?

 

[Bornlucky]

Thanks a lot for your response. What does "old heave ho" mean? Also, will it affect their PR application which is still in the early stages?

"Heave ho" is slang for removal or deportation - sorry for its use. It could delay things if they await the decision of the courts. Seeing a lawyer who can look for alternatives to a conviction, like a conditional discharge or some other remedy is wise. Dismissal means it all goes away.

Good luck

 

[Masjuy]

A Protected person with his spouse and 2 kids that got a positive hearing in December 2020 and has applied for PR wants to know if his application will be affected as his spouse told he police after an argument that he slapped her. The police charged him to court and initially there were conditions restraining him from their home but it has now been amended and can return home. His spouse is regretting her action and refused to give a statement asking the police and court to dismiss the case. The court hearing is in a months time.

His question is will this charge affect his or his spouse and kids PR application even if the charge is dismissed and does not go to trial?

If yes, will he be deported due to this?

The spouse is very worried as she didn't know it would go like this

Those charges are laid by police, she has no control over it. She might meet a crown and explain situation.
I would strongly recommend to get a good lawyer

 

[canuck78]

Hi - the answer regarding possible deportation for this offence for a Protected person is: no

https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-115.html?wbdisable=true

There has to be a "Danger Opinion" and you can see in the attachment some of the details. Is it possible to deport a Protected person, yes - but not for a simple domestic assault. You'll be treated just like a Canadian before the courts but you don't get the old heave ho.

They can relax and mend whatever issues that they're having and hopefully become whole once more.

Canada has and does remove Protected persons who have serious criminal convictions - indeed, they're a priority.

Wouldn’t minimize domestic assault. If it a simple slap and it is the first time this was reported yes it is unlikely to result in not being able to secure PR but domestic assaults can certainly lead to people not getting PR. Any form of family violence from any member of a family is illegal in Canada and will not be tolerated. As a first assault that hasn’t had serious physical consequences you are likely to either have charges dropped or have charges reduced. As has already been said, prosecution doesn’t depend on your partner‘s participation so hopefully you have learned your lesson because any future incidents could impact your citizenship, have professional and societal consequences and of course potentially impact your freedom

 

[Lakeland4321]

Wouldn’t minimize domestic assault. If it a simple slap and it is the first time this was reported yes it is unlikely to result in not being able to secure PR but domestic assaults can certainly lead to people not getting PR. Any form of family violence from any member of a family is illegal in Canada and will not be tolerated. As a first assault that hasn’t had serious physical consequences you are likely to either have charges dropped or have charges reduced. As has already been said, prosecution doesn’t depend on your partner‘s participation so hopefully you have learned your lesson because any future incidents could impact your citizenship, have professional and societal consequences and of course potentially impact your freedom

Thank you for your response. He has retained the services of a lawyer and they are preparing for the court date next month. In the meantime his lawyer says its good his spouse is co-operating and she intends to write a letter to the Crown to clarify things. If successful, they hope the case could be dismissed without going to trial.

 

[Simba112]

Thank you for your response. He has retained the services of a lawyer and they are preparing for the court date next month. In the meantime his lawyer says its good his spouse is co-operating and she intends to write a letter to the Crown to clarify things. If successful, they hope the case could be dismissed without going to trial.

As spouse intends to clarify things, she shouldn't contradict herself or make false declaration. that will complicates the situation. I'm convinced this had happened before except that this time spouse feels that both lives will be ruined after involving Police. What will happen when husband becomes a citizen? I hope he will learn lessons not to lay hands on woman. Thats stupid and coward behaviour.

 

[Masjuy]

As spouse intends to clarify things, she shouldn't contradict herself or make false declaration. that will complicates the situation. I'm convinced this had happened before except that this time spouse feels that both lives will be ruined after involving Police. What will happen when husband becomes a citizen? I hope he will learn lessons not to lay hands on woman. Thats stupid and coward behaviour.

it will definitely complicate situation, even charges are dropped there is still some record that stays for about1- 3 years. I am not an expert though, but I had similar situation,
Good luck

 

[canuck78]

Thank you for your response. He has retained the services of a lawyer and they are preparing for the court date next month. In the meantime his lawyer says its good his spouse is co-operating and she intends to write a letter to the Crown to clarify things. If successful, they hope the case could be dismissed without going to trial.

Not sure how you can clarify being hit by someone. Not a lawyer but she shouldn’t commit perjury by lying. Slightly disgusted that the the fact that the wifenot willing to cooperate and writing a letter of support for her abuser is viewed as a good thing. No judge is going to believe the wife if she says nothing happened and it was a misunderstanding. Most judges understand domestic violence and how victims often stand up for their abusers because of fear or low self worth.

 

[Lakeland4321]

To clarify, the Husband is saying it didn't happen and the police was called by him to chat with her as she was insulting and disparaging him. When interrogated, she claimed it was a small slap over a year ago during a misunderstanding. From this, it may seem that the spouse exaggerated the misunderstanding so as to deflect from the real reason why the police were called - to chat with her, and didn't realize the husband would be charged hence the the letter to clarify things.

 

[Copingwithlife]

To clarify, the Husband is saying it didn't happen and the police was called by him to chat with her as she was insulting and disparaging him. When interrogated, she claimed it was a small slap over a year ago during a misunderstanding. From this, it may seem that the spouse exaggerated the misunderstanding so as to deflect from the real reason why the police were called - to chat with her, and didn't realize the husband would be charged hence the the letter to clarify things.

A “ small slap ?” yah ok

 

[Simba112]

To clarify, the Husband is saying it didn't happen and the police was called by him to chat with her as she was insulting and disparaging him. When interrogated, she claimed it was a small slap over a year ago during a misunderstanding. From this, it may seem that the spouse exaggerated the misunderstanding so as to deflect from the real reason why the police were called - to chat with her, and didn't realize the husband would be charged hence the the letter to clarify things.

Police are the last resort in case of emergency…something went so bad, she freaked out and call a cop. You dont call cop to chat to a wife after “small slap” years ago..Ofcourse they can do anything to change narration, but we are not crown prosecutor to deserve clarification…