Ask Experts Questions for FREE Help !
Ask
    randomblek's Avatar
    randomblek Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 24, 2012, 07:43 PM
    Boyfriend charged with domestic mischief but I did not press charges
    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Charged with mischief under $5000 [ 5 Answers ]

Was charged for crashing into ex gfs garage door, which resulted in some damage. Was arrested and charged for Mischief under $5000. Don't know if anything will be added, or can they? First time offender, no criminal record. I've read about Diversions and Peace Bonds. What is the likelihood...

How to I press charges on someone for false allegations of domestic violence? [ 1 Answers ]

Two different women, who are the mothers of my daughters both placed domestic violence injunctions with minor child against me because they didn't like my girlfriend and told me that they weren't going to let me see my kids if I don't leave this woman. So I told them I was going for visitation...

Criminal law 6 charges of mischief under 5,000 [ 1 Answers ]

A teenager aged 18 is being charged with 6 counts of michief under 5,000 and his friend 18 is also being charged with the same. Could you please give me an idea as to what you think the outcome would be I charges, Firt time offenders. Thank=you

Can my dad press charges on my 19 yr old boyfriend for messing around with me when I was 16? [ 15 Answers ]

Hi, I started dating my boyfriend when I was 16 and my boyfriend was 19. We'd been really close friends for more than a year before we started dating (I was a sophomore and he was a senior, we met in spanish class and stayed really good friends even after he graduated). When we started dating I had...

I need to beat assault/mischief charges [ 24 Answers ]

My question involves criminal law for the state of: Ontario Canada I know the response to this is to seek out a lawyer which I am doing. What I am looking for is to calm my nerves a bit because this needs to be dealt with and dropped somehow. I was charged with Assault and Mischief...


View more questions Search