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CASE DETAILS

Charge(s): Domestic Assault x2 & Mischief Under x2-Charges Withdrawn
Location: Kingston, Ontario
Our Client(s): Mr. H
Year: 2019
Lawyer: Virginia Dolinska
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Please Note: Past results not predictive of future results.

The Background

Our client was a young married man who studied at university and resided in Canada on a temporary basis. After multiple complaints to police made by Mr. H’s spouse, charges of domestic assault and mischief were laid. The allegations consisted of Mr. H damaging the complainant’s property as well as pushing his wife, grabbing her by the throat and choking. Additionally, the allegations were that the assaults took place while Ms. H was pregnant.

The Goals

Mr. H did not have a permanent status in Canada. He was working and studying on a work visa. A conviction would mean immigration consequences forcing Mr. H to return to his home country, the inability to complete his schooling as well as additional long lasting effects including the inability to return to Canada in the future. The primary objective was to have his charges withdrawn.

The Strategy

The route taken in Mr. H’s matter focused on mitigation including substantive upfront work including anger management counselling, community service work as well as reference letters from Mr. H’s friends, family and colleagues to support our client’s case.

The Results

After presenting a fulsome picture of Mr. H’s personal circumstances as well as his efforts in mitigating the seriousness of the matter the Crown agreed to resolve the matter by way of a peace bond and withdraw all charges. This was a great relief to Mr. H who was able to maintain his education and his stay in Canada. Additionally, Mr. H could pursue a permanent residence in Canada in the future without being potentially restricted from doing so with a criminal record. Our client was delighted with the outcome.

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