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Charges of Assault x 2, Mischief and Threaten Bodily Harm withdrawn. J.M. and her husband decided to divorce prior to trial. The two remained living separate and apart in the matrimonial home. One day an argument erupted over finances and custody of the children. The argument got heated and physical contact occurred. The complainant husband called police and gave a statement about being assaulted and his chain being torn from his neck. The chain he wore was broken. J.M. was charged, held for bail and placed on conditions to not return to the house and access to the children to be through a third party or via a family court order. Defence counsel Joseph Neuberger was retained. After having reviewed the two statements of the complainant and obtaining email and text communications between J.M. and the complainant for the days leading up to the alleged charges, it was obvious that threats were being made by the complainant to seek sole custody of the children and the complainant was being very demeaning in his remarks to J.M. Extensive materials were provided to the Crown including many of the communications between the parties. J.M. undertook a therapy program. Defence lawyer Joseph Neuberger also disclosed to the Crown family court pleadings that demonstrated baseless allegations that contradicted material portions of the complainant’s statements to police. In addition the complainant was refusing to pay any support. J.M. was employed as a real estate agent and needed to maintain her employment to support herself and the children. After extensive discussions with the Crown all charges were withdrawn.