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R. v. M.H. (2020)

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The client was charged with two counts of Domestic Assault. The client and the complainant were a married couple with a young child. The complainant alleged that a number of years ago the client had pushed the complainant while she was pregnant. In addition, the complainant alleged that the client has hit her in the stomach while they were arguing and the complainant fell as a result of the hit. The complainant ran from the apartment unit to the security desk, laid down on the floor crying and asking the security officer to call 911. The security office called police who attended, spoke to the complainant and arrested the client. The client retained Mariya Protsenko, of Neuberger & Partners Criminal Defence Lawyers. The complainant retained her own counsel and advised Mariya that she wanted to reconcile with the client, however, she was unwilling to retract her allegations. Mariya spoke to the prosecutor who offered the client to complete an anger management course, PARS. The client has refused to do that and was willing to do couple’s counseling instead. The Crown agreed to vary the client’s bail order to allow him to partake in the couple’s counseling with the complainant. Upon the completion of the couple’s counseling, Mariya spoke to the prosecutor again which resulted in withdrawal of charges.

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