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Jessica
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Debra, Expert
Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Debra, Expert
Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.
I am sorry to hear of this difficult situation.
Did someone explain to you how this all works in terms of how people are charged?
Debra, Expert
I am sorry to hear of this difficult situation.
What you need to understand is that you did not have your spouse charged. The police charged your spouse because the police had reasonable grounds for believing that he assaulted you. They believe that he committed a criminal offence. They are not going to simply withdraw the charges because the victim wants to recant. In fact, in Canada we have a zero tolerance policy to domestic violence which means that just because the victim doesn't want the charges to go ahead the charges will not simply be withdrawn.
Recanting does not make sense. It will not help your spouse because they will not believe you but you can find yourself being charged with mischief or obstruction of justice. The last thing you need is for both of you to have a criminal records.
At the same time the crown may consider a letter from you that explains what happened and that you are not afraid of your spouse and wish to reconcile. I suggest you speak to victim services who will provide you with support and also may help you with this letter.
Does that help as a starting point?
Debra, Expert
You can call the courthouse and ask how to send an affidavit to the crown. But you have to be very careful because that affidavit is a sworn statement and if there's something in it that is not true you could be charged yourself.
Debra, Expert
Then retain your own lawyer. You should be able to find a lawyer next week.
Debra, Expert
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