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Charges of Assault x 2, and Utter Death Threats withdrawn just prior to trial in the Ontario Court of Justice, Toronto. O.H. and the complainant had been married for 14 years. The two had separated a few times and during the time of the allegations were separated and living in the same home. There was an argument about O.H. having cheated in the past, and about him not being suitable to have shared custody of their children. O.H. left the house to take a break from the argument and when he arrived back home, police were waiting and he was charged. Joseph Neuberger was retained as the criminal defence lawyer. Joseph Neuberger obtained text messages from O.H. between O.H. and his wife, photographs of his own injuries and worked with the family lawyer. The family law documents were very helpful as the complainant set out different facts regarding the assault but clearly stated that she was seeking sole custody and exclusive possession of the house. Joseph Neuberger continued discussions with the Crown including disclosing the family court material and some recordings of arguments. Eventually the Crown determined that there was no reasonable prospect of conviction and agreed to withdraw the charges.