Assault

Our client and his ex-wife had finished their child custody proceedings. Under the terms of their family court order, our client’s ex-wife was encouraged not to attend events when the children were in our client’s custody and required not to communicate with them. However, at a children’s hockey game, our client’s ex-wife attended and came into the dressing room area after the game to speak with the children, in contravention of the order. One of the children started to hit our client, who put him in a bear-hug to stop the fight and asked his ex-wife to leave. Instead, she approached him and he pushed her backwards. In response, the child struck our client, who reflexively struck him back.

Our client was charged with assaulting his ex-wife and his son. The prosecution alleged that he had actually pushed his ex-wife for no reason and had punched his son in the face. Our client’s position was that he had pushed his ex-wife defensively and had only hit his son as a reflex when his son hit him first. The matter was set down for a trial, but the prosecution agreed to withdraw the charges on the day of the trial.

RESULT: The charges against our client were withdrawn and he agreed to enter a peace bond that only prohibited him from speaking with his ex-wife or being near her, but which also made clear that he did not have to leave if she came to his location when he had their children in his care.