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Regina v. D.P. (2017)

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Charge of domestic assault withdrawn after lengthy period of discussions with the Crown. D.P. had just separated from her wife. An argument erupted over custody of their one son. Prior to separation, the wife (complainant) was living out of the country and D.P. was in primary care of their son. D.P. left the house to avoid any further argument as the son was present in the house. When he returned an hour later, police were at the house and he was accused of assaulting his wife. The complainant immediately filed in Family court for sole custody but an Order was granted with some access to D.P. on an interim basis. The complainant refused to allow the son to see D.P. Defence lawyer Joseph Neuberger was hired and obtained all of the family court documents and used the filed affidavits by the complainant to establish material inconsistencies between her statement to police and the family court filings. Eventually the Crown withdrew the charge.

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