Our firm represents a lot of men and women who are charged with domestic assault and they often ask us “look my wife or my husband told the police I didn’t touch her. They still charged me with a domestic assault. Why is that? Why aren’t the charges being dropped?” When the police go to your home you know due to a complaint say a 911 call they’re going to investigate. They’re going to look at the scene. They are going to look at any injuries. Speak to any other witnesses. Any other circumstantial evidence and determine if there’s enough grounds to lay a charge. So in certain situations even when the husband or the wife say there was not a crime committed the police may have enough grounds to proceed even without their statement. If there’s no other circumstantial evidence there may not be enough grounds but that’s the reason they’ve laid the charge typically is they’ve found other evidence which supports the charge. Maybe there was another witness. Maybe there’s an obvious crime scene of blood and you’re the only person who had an opportunity to do this and your wife’s not saying anything.

It really depends on the situation but the police will may a charge if they feel that they have reasonable probable grounds. It’s then going to get in the hands of the Crown and the Crown will have to decide whether there is enough evidence to proceed. Is there a reasonable prospect of conviction even without a statement from the wife? Sometimes there will be. Sometimes there won’t. So that’s the short answer to this particular question.

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