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.
To start the process, Mr. Anber worked out an agreement with the Crown for a change to the bail to allow contact over the phone and for the purpose of attending couple’s counselling together.
The problem is that following this change, the client misunderstood the new conditions and returned to his home to discuss the new changes with his wife. he was subsequently re-arrested and the changes were deleted.
Mr. Anber then brought an Application in the Superior Court before a Judge to allow his client to return home. Despite the fact that the allegations were very serious and despite the fact that the accused had breached his conditions, the Judge accepted Mr. Anber’s argument.
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