I had called the police after being under a lot of emotional stress and having property damage threatened by boyfriend.

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Customer: I had called the police after being under a lot of emotional stress and having property damage threatened by boyfriend. I was more emotionally distraught than scared of the threat. The police showed up and told me I had no choice but to give a statement. Made me feel more emotionally unstable and under a hard emotional time convinced me to give a statement saying it was best for him. After I clearly stated I didn’t want any charges or conditions. They charged my boyfriend and put a no contact order. What can I do.
JA: Was a protective order issued? What were the basic terms?
Customer: They told me he cannot contact me directly or indirectly or see me. And I cannot contact him. This is causing more emotional stress than the event that led me to call yesterday. They convinced me it was in his best interest for me to give a statement and now I’m not sure that’s true.
JA: Is there ongoing abuse or harassment? How recent?
Customer: No he made one threat to damage my car. He has diagnosed anxiety and just lost his grandmother. We are both under a great deal of stress emotionally. He has only ever made one threat to properly before but never acted on it. About 2 years ago.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My emotional state yesterday was not okay and how the police officers ambushed me made me feel like I had no choice but to give them information
Answered by Debra in 8 mins 2 years ago
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Debra
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra
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Debra
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174572 Satisfied customers

Jessica

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.

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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?

Customer
No one had explained to me my rights or what happens when someone is charged.
Customer
They made me feel forced to give a statement in a poor emotional state where my judgment was based off of emotions.
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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?

Customer
it does thank you. What do you think in regards ***** ***** an affidavit?
Customer
How would I find out who the crown is ? Is it based off the courthouse?
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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.

Customer
I would definitely go through a lawyer to help me fill out the affidavit. I was not aware of how any of this worked. No one told me if they come then it’s an automatic charge. I wasn’t even in the same place as him. We live in different homes. He got charged with uttering threats. He has a medical history of anxiety and recently lost his grandmother. In my statement I told the police that I don’t think he would have acted on it. As he never has done anything to hurt me physically or my property. We have been together 10 years.
Customer
I would use the affidavit as a way to communicate that the no contact order should be dropped. As he has never harmed me before and this was only verbal in a heated argument with emotions running high. Also explaining his mental health issues. Nothing would be false statements. In my video statement I told the officer that I may have over reacted calling. But I was scared because this is not in his character and it was purely driven off irrational emotions.
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Debra, Expert

Then retain your own lawyer. You should be able to find a lawyer next week.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
He DebraThank you. I will be speaking to a few lawyers today. Thank you for your time.
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