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Getting a Domestic Assault Charge Withdrawn
The victim of a domestic assault 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 by the police 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 to get the police to withdraw the charges. The victim of the assault 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. It is not the victim who lays the charge of Domestic Assault it is the police who lay the charge based upon the information that was provided by the victim.
The request by the victim have the domestic assault charges withdrawn will be unsuccessful and the victim themselves may be exposing themselves to criminal charges. Once laid, domestic charges will rarely be withdrawn by the Crown Attorney.
Faced with these circumstances, a complainant or victim of assault wishing to have the charges withdrawn should consult their own lawyer regarding an appropriate course of action.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 involved in a domestic assault situation 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 domestic assault lawyer will be able to take appropriate action to ensure that the case moves ahead as quickly as possible.