As is usually the case in a domestic assault case, whether or not the accused is actually guilty, there will usually be very strict conditions placed on him or her until the case is finished. Even for minor offences and even where there are no prior offences on a person’s record, it is very common for there to be an absolute ban on communicating, associating or attending at the (often shared) residence.
Obviously, this tears families apart – particular where the intention is to reconcile regardless of the outcome of the case. In most cases it can take months, even years for a case to be finished. If the conditions are not changed through the court system, a person would be apart from their family for this time.
In this case, the client asked David Anber to assist him with being allowed to return to the matrimonial home and to have contact with his wife.
With the holidays approaching, Mr. Anber brought an expedited Application to court and persuaded the presiding Justice to grant the changes.