FAQ

I have been charged with a domestic assault, and now I have a condition not to contact my spouse or significant other. What does that mean? How can I regain contact with my spouse again?

When a person is charged with a first-time domestic assault charge, they will typically be released by an undertaking from an Officer in charge or a recognizance by a Justice of the Peace. The release will often include very strict terms that the accused must follow while he or she is waiting to resolve the charge. Those terms will include that the accused is not to communicate directly or indirectly with their partner in any fashion, and not to attend his or her residence or place of employment. That condition is standard: everyone charged with a domestic assault automatically is prohibited from communicating with their partner.

If you have been charged with a domestic assault and were released on conditions, it is very important them all. If you do not respect the conditions of the release, you can be arrested and charged with a breach of undertaking or recognizance, and you could be subject to a jail term. Your bail can be revoked and you may have to stay in jail until you plead guilty or complete your trial.

Sometimes, the release document will allow an accused to communicate with their significant other or spouse to discuss such things as visitation with the children. If the condition does not specifically allow third-party communication, it is important NOT to communicate with your spouse through a third party, as this could be construed as a breach of conditions.

If you want to communicate with your spouse for the purpose of visiting your children or other family related issues, Celine may be able to negotiate changing the terms of release with the Crown Attorney. The process of varying conditions can take several weeks, as the Crown Attorney will speak to your significant other to get their input before agreeing to any changes in terms.

Sometimes, both spouses agree that the assault was very minor and out of character, and want to continue their relationship. If that is the case, it is sometimes possible to change the conditions of release to allow for communication with your spouse with their written revocable consent. This type of variation means that if your spouse agrees and provides a written consent letter to the police, your can continue the relationship as they see fit – anything from communicating by phone to moving back in the family residence. In order to get this type of variation, your significant other must be on board. Celine will try negotiating the terms with the Crown Attorney, if they do not accept the terms, an application can be made before the Courts.

Filed Under
Domestic Assault

FAQ