Not necessarily. Only the Crown can decide to withdraw charges and Crown attorneys take domestic allegations very seriously. Even if the complainant advises the Crown that he or she wants the charges to be withdrawn, the Crown may be concerned that the complainant is being pressured to say so or will change his or her mind. The Crown may decide that there is a public interest in pursuing the charges even where the complainant is unlikely to cooperate. In these cases, the Crown will consider its ability to prove the charges without the complainant’s testimony and may proceed if there is other evidence that could lead to a conviction.
PAR stands for Partner Assault Response (PAR). The PAR program is a government-run domestic violence program. Crowns will sometimes offer that individuals charged with domestic violence complete the PAR program in exchange for a more lenient sentencing position such as a peace bond or a discharge. Individuals who enter the PAR program are expected to complete 12 group education and counselling sessions dealing with topics such as substance abuse, respectful communication, dealing with conflict, and taking responsibility for actions.
Peace bonds are often preferred to taking charges to trial because they avoid the uncertain outcome of the trial and remove the risk of a criminal conviction. Although a peace bond is an excellent outcome in many cases, there are still consequences that should be considered. A peace bond, will, for example, show on a vulnerable sector record check, which can impact your ability to work or volunteer in certain fields. It is best to speak to a criminal lawyer to ensure that you understand all the consequences before agreeing to enter into a peace bond.
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Danielle West2022-11-09A family member of mine used Ms. Shikhman as their lawyer. From the beginning of the process, she was absolutely fierce in looking after his interests. She secured the most reasonable bail conditions that we were told by other lawyers would be impossible to get. After a complicated long trial we got a “NOT GUILTY” from the jury! We could not be more grateful for all of her hard work.
TA2022-10-21Brittany Smith is more than an excellent Criminal Lawyer! She put all her effort on my case, days and nights. I can’t thank you enough Brittany. You nailed it..
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