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City: Napanee, Ontario
Our Client: Ms. L.
Charge(s): Domestic Assault
Year: 2018
Lawyer:  Virginia Dolinksa
Virginia Dolinska - Criminal Lawyer Ottawa
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Case Study: Domestic Assault-Withdrawn

Background Allegations

Ms. L. was going through a long and heated separation with her partner. The allegations against our client were that she entered the complainant’s residence and assaulted her on multiple occasions. The complainant stated Ms. L. pushed her to the ground and once back on her feet Ms. L. continued pushing her, going after her and calling her names. At one point Ms. L. was said to have grabbed the complainant’s arms and throwing her into a door causing her to fall down. It was further stated that the complainant tried to get away from Ms. L. but she was again pushed down to the ground. Police was called and Ms. L. was found intoxicated inside the complainant’s residence. Our client denied the assaults but acknowledged there was a heated argument between the two.

Goal

The goal was to resolve Ms. L.’s matter without a criminal record. Ms. L. did not agree with the allegations and could not plead guilty.

The Strategy

This was a case where persuasive negotiations with the Crown were needed both regarding the facts of the case and how the events unfolded. Ms. L. provided a different version of how the events transpired which meant that the matter must be resolve without any admissions or it has to be taken to trial.

 

Result

After discussions with the Crown as well as Ms. L., it was agreed that after Ms. L. completes anger management counselling her charges will be withdrawn. Ms. L.’s matter was resolved by way of a peace bond and the charge of assault was withdrawn. Ms. L. avoided a criminal record.

Please Note: Past results not predictive of future results.

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