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Domestic Assault First Timer: Kicked Out of the House

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  • 12-07-2011, 07:59 PM
    Halogen
    Domestic Assault First Timer: Kicked Out of the House
    My question involves criminal law for the state of: Canada

    Hi,

    I'm a working professional with a wife and a son. I've been a good citizen all my life and peace loving by nature. This can just be characterized as a series of unfortunate events. My case started when we had an argument while driving home. Since I wanted to cool down, I told my wife I wasn't joining her to go buy stuff at a store.
    She insisted that I come as well. Things started to get out of hand. Eventually she grabbed the wheel. I was really startled and tried to regain control and shoved her hand. Then she hit me, to which I retaliated to make her stop. I told her that she was endangering all of our lives in the event of an accident. She seemed to stop.

    Afterwards I got home and tried to take our son out the car since she wasn't in a state to drive. However she locked the car. I went inside the house to cool down but after a few moments she followed me.
    Another heated argument occurred. I was still reeling from the frustration and annoyance that she endangered our lives, especially our son's on her insistence that we go to the store. And now she had the audacity to insult me like nothing happened. I lost control for a moment and hurt her momentarily. She cried and went crazy on me. I came to my senses and urged her to calm down and talk it out as well as let her get even. But she refused and then called the cops.

    Now I am on the hook for 2 counts of assault and can't get near our house and even get my stuff. We moved to this city to get close to her family and now I am a homeless refugee. I know no one here.
    Most of my pay goes into the mortgage for the house I cannot live in. And plus, she cleared our joint account. I was barely able to afford legal counsel (heavy borrowing).

    I still love my wife and hoping to get reconciled. But after a few weeks she still won't help me in my case (or clear the restrictions). She seems to be holding a grudge. I am at a loss as to what to do.
    My counsel said that without her help, it is unlikely I get to live at the house I own. But as it is right now, I can't afford another place.
    Also he said that the assault in the car can be dropped but the last one is unlikely.

    I welcome any ideas or suggestions regarding defense for the last assault (provocation, consent, etc) or how I can rectify my living conditions. Thanks!
  • 12-07-2011, 08:03 PM
    Dogmatique
    Re: Domestic Assault First Timer: Kicked Out of the House
    We deal with US law here, sorry.
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