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Client charged with assault with a weapon on her ex-husband withdrawn prior to trial in the Ontario Court of Justice. The client was separated and living at another address. While returning the children after a weekend, the client saw the girlfriend of the complainant (ex-husband) in the matrimonial home. The client got upset and the complainant grabbed the client and physically removed her from the house. While being dragged out of the house, the client hit the complainant with a toy water gun. The complainant called police. Shockingly the client was actually charged with assault with a weapon. Defence lawyer Joseph Neuberger had extensive discussions with the crown and was able to establish that the separation agreement stipulated that she still had rights to be at the matrimonial home and the ex-husband by physically removing the complainant committed an assault to which the client was legally permitted to defend herself. Accordingly the charge was withdrawn.