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Regina v. F.J. (2018)

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Charges of Domestic Assault x 2 withdrawn prior to trial. F.J. was having an argument with his wife regarding an alleged extra marital affair. When F.J. discussed divorce, the argument worsened and police were called by the complainant. F.J. was charged with two counts of domestic assault allegedly having occurred several months prior to this date of the argument. Joseph Neuberger was retained as his defence lawyer. Joseph Neuberger reviewed the disclosure. There was no injuries, no reports to third parties such as a doctor and the report to police was made at the time of the breakdown of the marriage. Joseph Neuberger obtained the family court documents that were subsequently filed by the complainant . The divorce documents highlighted the two alleged incidents of assault but also other unreported incidents. In addition the complainant was seeking an unequal split of the family property and sole custody. Joseph Neuberger provided the Crown with the family court documents and asserted that the allegations were made simply as revenge and to obtain money in the family case and sole custody. Numerous pre-trials were conducted and eventually the Crown agreed to withdraw the charges upon F.J. signing a peace bond.

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