Domestic Assault - The Police Investigation
If there appear to be any physical injuries, they may be photographed by the police. The victim may be asked by the police officer to review and sign a written statement or they may be asked to attend the police station to give an audiotape or videotaped statement of the assault.
Getting The Charge Withdrawn
The victim may have called the police under the mistaken belief that the police would come to the home to mediate what they considers to be a domestic dispute or scare some sense into the spouse.
When the victim realizes that spouse is being arrested and will not be allowed to return to the house often times regret sets in.
Believing that it is their complaint of assault to withdraw, the victim may try to recant their statement or withdraw the charges. The victim will quickly find out that the police will not withdraw the charges, she may even attend court to speak to the Crown or someone in the Victim Witness Program.
The request by the victim have the criminal charges withdrawn will be unsuccessful and the victim themselves may be exposing themselves to criminal charges. Once laid, domestic charges will rarely be withdrawn by the Crown.
Faced with these circumstances, a complainant or victim wishing to have the charges withdrawn should consult her own lawyer regarding an appropriate course of action.
Usually the only quick way out of this type of situation for an accused is through a guilty plea. Otherwise, domestic charges can often take months to wind their way through the court system. This often means that families will be apart for long periods of time. Where there is a desire to reconcile, legal representation should be sought at the earliest possible stage to avoid unnecessary delay and hardship. A good lawyer will be able to take appropriate action to ensure that the case moves ahead as quickly as possible.