family law questions ontario
Please a police officer or a lawyer answer this domestic assault question..?
My sister called the police on her husband and they arrested him on domestic assault charges (3 counts). Later released him with conditions of not contacting her or their kids. My sister who didn’t know that this could go this far was very sad. His parents were very upset, they found out that he is in contact with his family (though he shouldn’t). Two days ago came to her house and called the police wishing that she will arrested however, my brother-in-law was arrested for violating his conditions. Now he is in jail. What’s going to happen to my sister? Could she file a harassment case on her in-laws? How long will he be in the jail? Crown attorney is suggesting him to plead guilty for his domestic charges, if he do plead guilty what will happen now? Somebody suggested that if he moves to other province then ontario police can’t do anything, is this true?
If you are going to specify charges, you have to specify charges – calling it a domestic assault charge does not define what happened. That’s just prosecutor or PD talk that criminals and DV victims use to minimize what happened. Depending on the facts, his record and other incidentals, the DA can go on w/o need to call you as a witness.
He’s in trouble now because violating a protective order is grounds for a new case called (in NYC anyway) criminal contempt.
You haven’t really said (at all) what the in-laws did, so it’s impossible to say what they’d get.
“suggested that if he moves to other province then ontario police”
Yeah, they’d probably have to get national authorities. Crossing state lines is pretty much a useless idea here in the US – a warrant issued in one state will be honored by another state, and extradition proceedings will return him.
Your BiL has big problems. Depending on the severity of the offense and any misconduct he might have committed while violating the order, he may be okay or he may get jail. It’s best to stick around and deal w/them.
It’s impossible to guess how much he might be punished for w/o specifics of the case and his record.
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