My girlfriend and I have been dating for just over a year and we had an argument recently where I pushed her and she hit a glass bottle over my head which did not break and a scratch on my neck. The neighbour called the police and we were both arrested and taken to the police station. We were both released early with me having no charges and her having two counts of charges. One just for assault and the other assault with weapon. I was asked to go in for photographs with I denied because I don't want my girlfriend charged. Our court date is scheduled for next month. Will this case be thrown out? Can I speak to the crown so the restrictions to see her will be taken off before the trial? I love my girlfriend to death and I am going to testify in court on the day of the trial that she is no threat to me and she was drinking at the time. I just want her to have a clear criminal record as she is only 20 and be able to see me. I don't want to wait for a month and I am wondering if I can get these charges and restrictions dropped if I talk to a crown sooner or does this case have to wait till the day of the trial. Please help!

We both live in separate houses and in the city of mississauga in ontarioshe has no criminal record

No one is going to believe she is not a threat to you if she attempted to break a glass bottle over your head. I see no reason for the case to be thrown out. The Police apparently saw enough to cause them to arrest both of you.

Yoy can attempr to speak to the Crown. I don't know if it help.

Talk to her lawyer if you can.
Avoid sentences like 'I love her to death.' (Deaths in the name of love are what courts are constantly trying to prevent.)
Find out where the AA meetings are, where the rehab places are, how to get into them, how to apply for financial aid to get into them, and so on. Proactive. A plan. With documentation. Organized and articulate, well dressed, hair cut, on time, stand straight, look people in the eye.

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Originally Posted by joypulv

Talk to her lawyer if you can.
Avoid sentences like 'I love her to death.' (Deaths in the name of love are what courts are constantly trying to prevent.)
Find out where the AA meetings are, where the rehab places are, how to get into them, how to apply for financial aid to get into them, and so on. Proactive. A plan. With documentation. Organized and articulate, well dressed, hair cut, on time, stand straight, look people in the eye.

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The OP didn't file the charges. The Police did. Yes, if the GIRLFRIEND goes into treatment it will make a difference when SHE is sentenced. This isn't two people arguing and one got upset and called the Police. The NEIGHBOR called the Police.

HE is "simply" a witness - and if the Police were there and both parties were arrested he is not going to be able to testify what a good person she is. They know better.

Domestic assault is taken VERY seriously in Canada. Yes, looking good will make the OP more credible. It will not change the circumstances.

Yes I understood all that thanks.
I hope I didn't sound like you will have more than 1 minute to speak, just to be prepared and to look good.

In domestic assault it does not matter what the one partner wants or thinks after the attack. In fact if he lies or if he does not testify in court, he could be charged also. And more judges are starting to do this, since they are getting tired of domestic cases that end up in killings after a few years or another attack in a few months if they do nothing.

So the crown has plenty of evidence, the call from the neighbor and what the officers saw when they arrested the two of you. They will have your statement and her statement that was made when arrested.

Thank you very much for your feedback, all of you. Great advice. She didn't break the bottle over my head. I grabbed it from her hand and broke it on the ground. She tapped me on my neck once and I sustained no injuries or scratches or swelling, bruising of any kind.

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Originally Posted by mikmaq

Thank you very much for your feedback, all of you. Great advice. She didnt break the bottle over my head. I grabbed it from her hand and broke it on the ground. She tapped me on my neck once and i sustained no injuries or scratches or swelling, bruising of any kind.

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I think you are making excuses for her and that is NOT going to help either one of you when you go to Court. She "tapped" you on the neck"?

The Police saw enough or heard enough or there was enough evidence to charge both of you.

You need to face the fact that both of you apparently got out of control. Admit it, get help for your anger (or counselling or something) and then go to Court with PROOF that you are attempting to better handle your relationship.

How long will I have to speak to the crown, how long will she have. Do we get time limits?