Domestic Violence Charge Withdrawn on Trial Day
CC: s. 266 – Assault (domestic)
My client was arguing and fighting with his wife, because he was intoxicated and she was refusing to let him have the car keys. My client was angry and destroying property in the house. As they fought over her purse for the keys, she was thrown around and fell down the stairs. She called the police to remove him from their residence.
The matter was scheduled for trial because she insisted that he never hit her and that the fight was consensual. The Crown refused to withdraw the charge, insisting instead on a resolution by way of a Peace Bond. My client refused. Come trial day, the complainant (his wife) did not show up. Consequently, the Crown had no evidence to call and the charge against my client was withdrawn. No criminal conviction.