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View Full Version : Boyfriend charged with domestic mischief but I did not press charges


randomblek
Apr 24, 2012, 07:43 PM
My boyfriend and I were arguing in our apartment over the weekend. In anger, he punched a hole in the bathroom door. Our neighbours had called the police, who showed up when things were calming down and we were beginning to talk things through. We gave our separate statements, including that we do not have a past of fighting, we have been together for about 2 years, and are completely happy together. However, because of the hole in the door the police said they had to arrest him with mischief in a domestic. I pleaded with them that it was not necessary, but I understand that the police had to do what they felt was in my best interest because they could only see property damage (because it was a door, not a wall, they said it was more evidence towards him trying to get at me).
He stayed the night in jail and got out on his own recognizance. I was told by the arresting officers to appear at his hearing to ask for the conditions not to limit contact with me (as there is absolutely no risk to my safety) but while I was there, none of the duty counsellors had the time to talk to me yet, then all of a sudden he was already out, with conditions of no contact with me.

I have tried everything I can to get this changed, but after the fact there is not much hope. Trial is in a couple weeks, and I need information regarding lawyers. We are a young couple, money is tight. It seems like this is such a minor issue that should be thrown out - I must mention my boyfriend has absolutely no priors, he is a very straight edge kid - and $1000 + is a lot to pay if we don't really need one. But I also know, that unfortunately he is probably going to get ripped apart by the prosecution, and might need a lawyer to fight back for him and keep him calm. I get a run-around from everyone I speak to at the police station and the courthouse. I really just need to know a title of authority I can talk to and direct some questions to. I am entering an impact statement with victim and witness services. As well, parents are going to come to trial to attest to how strong our relationship is, and what a good kid he is. Thank you, I live in Ontario!

Fr_Chuck
Apr 24, 2012, 07:56 PM
He needs an attorney, if either you or he told police that he punched a hole in a door or wall while arguing, he is guilty of the crime. Here in the US, there are many states that require the police to arrest someone if they see any physcial harm or any property damage.

The police can be held liable if they see evidence of violence and do not arrest and latter that night someone is seriously hurt.

So this is a lot more serious crime with longer lasting issues than you seem to even understand. He could be put on probation and not allowed to be around you or live with you for years. ** it is very common for the victim of the crime to be "protected" for their own good, even if they don't want to be protected.

Right now, don't get near him, he could be sent back to jail for violation of bail and even charged again for being close to you.