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Domestic Assault


R. v. E.R., ONTARIO COURT OF JUSTICE, 2201 FINCH AVENUE WEST, TORONTO:

E.R. was charged with one count of assault against her boyfriend. The allegations were that E.R. and her boyfriend were involved in a verbal dispute at their home in Toronto as a result of E.R.'s having discovered that her boyfriend had been sending naked pictures of himself to other women over the internet. It was alleged that the verbal altercation turned physical and that E.R. grabbed her boyfriend by the thoat and neck, leaving visible bruising and scratches. E.R. denied the allegations and maintained that she was the victim in this matter. As part of their early intervention program, the Crown's Office offered E.R. a peace bond resolution so long as she completed the PARS program. E.R. refused to accept this proposed resolution as she did not want a restraining order on her record. Jonathan Pyzer represented her in further pre-trial discussions with the Crown Attorney's Office and was able to convince the Crown to simply withdraw the charges against E.R. upon her doing some upfront counseling. E.R.'s charges were withdrawn without her having to have completed the PARS program or sign a section 810 Peace Bond. As such, there was no admission of guilt and no criminal record.

R. v. N.N., ONTARIO COURT OF JUSTICE, COLLEGE PARK, TORONTO:

N.N. was charged with one count of assault against his wife (domestic assault) of fifteen years. The allegations were N.N. and his wife were having a verbal argument over household responsibilities and finances. The argument was said to have escalated to name-calling and then a physical altercation where it was alleged that N.N. punched his wife in the body area and head with closed fists. The incident was witnessed by the couple’s thirteen-year-old daughter who called 911 as a result of the altercation. The Police attended the family residence and N.N. was arrested. He was released from the police station on an Undertaking and Promise to Appear. N.N.’s bail conditions prevented him from having contact with his wife and from even attending at his home. N.N. was devastated by the allegations, fearing a criminal record and the potential loss of his job as a result. Jonathan Pyzer represented N.N. and was successful in having his bail conditions changed so that he could return home and have contact with his family. The Crown’s Office was resistant to withdrawing the charges against N.N. They cited the repeated blows to the head, presence of the children in the home at the time and previous allegations of domestic violence as aggravating factors. Ultimately, Mr. Pyzer was successful in persuading the Crown’s Office to withdraw the charges against N.N. upon his completing the PARS Program, the Caring Dads Program and signing a section 810 peace bond. 

R. v. D.G., ONTARIO COURT OF JUSTICE, COLLEGE PARK, TORONTO:

The accused, D.G., was charged with Domestic Assault. The allegations against D.G., were that during an altercation with his girlfriend, he physically assaulted the complainant by pushing and slapping her on multiple occasions. Mr. Pyzer successfully got the charges against D.G., withdrawn.

R. v. G., ONTARIO COURT OF JUSTICE, OLD CITY HALL, TORONTO:

The accused, G., was estranged from his common law wife. He was alleged to have returned to their matrimonial home, and assaulted and choked the complainant. Mr. Kostman represented G., at trial. G., was acquitted.

R. v. I.F., ONTARIO COURT OF JUSTICE, NEWMARKET, ONTARIO:

The accused, I.F., was charged with assault with a weapon and possession of a weapon for a dangerous purpose. The allegations against I.F., were that she got into an altercation with her boyfriend that led to the complainant being stabbed in the hand with a knife. The complainant was taken to the hospital where he was treated for his injuries. Mr. Pyzer was successful in getting all of the charges against I.F., withdrawn.

R. v. D.M., ONTARIO COURT OF JUSTICE, 1000 FINCH AVENUE, TORONTO, ONTARIO:

The accused, D.M., was charged with Domestic Assault and mischief under $5,000. The complainant and D.M., had been in a dating relationship for approximately eight years. At the time of the incident, the complainant was thirteen weeks pregnant with D.M.,'s child. The complainant alleged that during the course of an argument over suspected infidelity, D.M., pushed her head into a wall destroyed her cell phone. Mr. Pyzer successfully represented D.M., at trial and D.M., was found innocent of both charges.

R. v. W., ONTARIO COURT OF JUSTICE, SCARBOROUGH, ONTARIO:

The accused, W., was alleged to have struck his common law wife during an argument, and threatened her with a knife. Mr. Kostman represented W., at trial. W., was acquitted after trial.

R. v. D., ONTARIO COURT OF JUSTICE, TORONTO, ONTARIO:

The accused, D., struck the female complainant in a public place during the course of an argument. A security guard observed the altercation. Mr. Kostman was successful in negotiating a peace bond resolution and having the charge withdrawn against D.,

R. v. H., ONTARIO COURT OF JUSTICE, DOWNSVIEW, ONTARIO:

The accused, H., was charged with criminal harassment. It was alleged that he made numerous threatening calls to his estranged wife. Mr. Kostman acted for H., The charges were dismissed after trial since there was only evidence of motive and no specific evidence as to the source of the telephone calls.

R. v. J.C., ONTARIO COURT OF JUSTICE, 50 EAGLE STREET WEST, NEWMARKET:

J.C., was charged with one count of Domestic Assault and one count of mischief under $5,000. The allegations against J.C., were that he threw a glass cup at his wife and that he pushed the bathroom door into her. J.C., maintained his absolute innocence with respect to these allegations and Mr. Pyzer was successful in having both charges against him withdrawn prior to setting a trial date upon J.C., entering into a section 810 peace bond. Thus, J.C., does not have a criminal record as a result of these allegations and has made no admission of guilt whatsoever to these charges.

R. v. D.A.M. ONTARIO COURT OF JUSTICE, OLD CITY HALL, TORONTO:

D.A.M., was charged with Domestic Assault. The crown attorney's office alleged that D.A.M., had grabbed and bruised her partner by using violence. Mr. Pyzer represented D.A.M., and was able to get the charge against her withdrawn prior to setting a trial date by convincing the crown attorney's office to deal with this charge by way of a section 810 peace bond. Thanks to Mr. Pyzer, D.A.M., does not have a criminal record and never made any admission of guilt to these charges.

R. v. E.G., ONTARIO COURT OF JUSTICE, 1000 FINCH AVENUE WEST, TORONTO:

E.G., was charged with two counts of Domestic Assault. The allegations against him were that assaulted his baby-mother on two separate incidents. In the first set of allegations, the complainant alleged E.G., slapped her in the face and kicked her about her body. In the second set of allegations, three weeks later, the complainant alleged E.G., pushed her down a set of stairs. Mr. Pyzer represented E.G., and following a contested trial E.G., was acquitted of both charges before the court. As such, E.G., does not have a criminal record.

R. v. A.S., ONTARIO COURT OF JUSTICE, COLLEGE PARK, TORONTO:

A.S., was charged with one count of assault. The allegations against A.S., were that he and his fianc? Got into a verbal dispute that escalated to a physical confrontation. It was alleged that A.S., punched the complainant repeatedly in the face, giving her two black eyes. Mr. Pyzer represented A.S., and was successful in having the charge against him withdrawn prior to trial the matter was resolved by way of a section 810 peace bond. As such, A.S., does not have a criminal record in relation to these charges.

R. v. A.C., ONTARIO COURT OF JUSTICE, OLD CITY HALL, TORONTO:

A.C., was charged with Domestic Assault and failure to comply with her recognizance. The allegations against A.C., were that she and her fianc? Got into a physical confrontation and that A.C., repeatedly scratched the complainant about his back and face and threw a bag of dog feces at him. A.C., was released on an undertaking with conditions that forbade her from having contact with the complainant. A.C., was arrested within days of her initial release on allegations that she was having contact with the complainant and in fact living with him. Mr. Pyzer represented A.C., and was successful in convincing the crown attorney's office to stay the charges against A.C., prior to setting a trial date. As such, A.C., made no admission of guilt with respect to these charges and she does not have a criminal record as a result of these incidents.

R. v. M.W., ONTARIO COURT OF JUSTICE, BRAMPTON, ONTARIO:

The accused., M.W., was charged with one count of Domestic Assault. The allegations against M.W., were that he and his wife were in their residence when they became involved in a verbal altercation. The complainant alleged that M.W., grabbed her and punched her in the face numerous times. Mr. Pyzer represented M.W., and was successful in having the charge against him withdrawn prior to trial. As such, M.W., does not have a criminal record in relation to these charges.

R. v. J.A., ONTARIO COURT OF JUSTICE, BRAMPTON, ONTARIO:

The accused, J.A. was charged with one count of domestic assault and one count of assault causing bodily harm. At the time of the alleged assault J.A. was in an eight month long romantic relationship with the complainant, a woman he had known for seventeen years. It was alleged that he and the complainant got into a verbal argument that escalated, during which the complainant attempted to leave. It was alleged that J.A. then grabbed her by her shoulders, shaking her, eventually pushing her to the ground and punching her in the face. He then placed her in a bear hug preventing her escape. J.A. maintained his innocence throughout the ordeal. According to him, the complainant had acted vindictively. She had fabricated the alleged assault to punish him for ending their relationship.  Jonathan Pyzer represented J.A. in the Ontario Court of Justice and was successful at having all of the charges against him dismissed. The defence was able to exploit the lengthy delay for the accused’s benefit. As well, the defence marshaled a great number of witnesses demonstrating to the court that the complainant was untruthful in her statement to the police regarding J.A.’s actions.

R. v. R.A., ONTARIO COURT OF JUSTICE, 1911 EGLINGTON AVE EAST, SCARBOUROUGH, ONTARIO:

The accused, R.A. was charged with domestic assault. At the time of alleged assault R.A. had been married to his wife, the complainant for nine years and they had three children together. It was alleged that R.A. and the complainant got into a verbal argument about the lack of attention R.A. had been paying to complainant. It was said that R.A. followed the complainant into their seven year old child’s bedroom and continued to argue. It was alleged that R.A. then grabbed her by both arms, sat her upwards and choked her wrapping one of his arms around her neck. It was said that as the complainant tried to leave R.A. dragged her back into the room, and pushed her up against the wall. As a result of the incident the complainant had visible bruising on her left bicep and the right side of the neck. Jonathan Pyzer successfully represented R.A. and was able to get the charge against him withdrawn, despite the accused having a previous finding of guilt from a separate incident. The defence was able to negotiate a deal with the Crown, that upon R.A. entering the PARS (Partner Assault Response Services) program and signing a s. 810 peace bond the charges against him were withdrawn. Initially the Crown’s office was reluctant to withdraw the charges given R.A.’s record of domestic assault, the injuries suffered by the complainant and the fact that there was a child present during the incident. However with much effort and determination the defence was able to persuade the Crown not to proceed, as a finding of guilt would have ended R.A.’s career. 

R. v. B.A., ONTARIO COURT OF JUSTICE, SCARBOROUGH, TORONTO   

The accused, B.A. was charged with one count of assault with a weapon, two counts of domestic assault and one count of mischief under $5000.00. The incident leading to B.A.’s arrest occurred between him and the complainant, his then wife. At the time of the incident they had been married for ten years and had two small children together. B.A. had no previous reports on file with the Toronto Police Service. The complainant reported to the police that she had been sexually and financially abused by the defendant. According to the complainant B.A. financially controlled and repeatedly touched the complainant without her consent, often calling her names. Allegedly, one morning while in their residence, she and B.A. begun to argue over her use of her cellphone and her cellphone bill. The argument escalated as the defendant accused the complainant of having an affair. Enraged B.A. picked up a coffee cup and made a gesture towards the complainant as if he was going to strike her. He then pulled her hair, and punched her twice in her left arm and leg area; following which he called the complainant’s parents to advise them that she was not cooking or cleaning for him, following which he smashed her phone. The police were called. The complainant incurred scratch marks to her body and received medical treatment at the scene. Jonathan Pyzer represented B.A. and was successful in having him approved for diversion. Upon his completion of PARS (partner assault response service) and signing a s.810 peace bond, all of B.A’s charges were withdrawn. 

R. v. A.W., ONTARIO COURT OF JUSTICE, NEWMARKET, ONTARIO

The accused A.W. was charged with two counts of breaking and entering, once count of mischief under $5000.00, and one count of assault. At the time of the incident the accused and the complainant had recently ended a four year relationship. It was alleged that one evening A.W. repeatedly called and texted the complainant. When the complainant was unresponsive, the accused allegedly attended the complainant’s residence yelling her name and throwing rocks at her window, in hopes that she would present herself. When he was unsuccessful it was alleged that he broke into her residence, punching the door frame, and forcing it open. Once inside the accused allegedly attended the complainant’s bedroom, where the complainant was sleeping. According to the complainant, A.W. woke her up and began to berate her, then dragged her by her arms and forced her to her living room where he pushed her onto a couch. It was imperative that A.W. avoid a criminal record as he was pursuing a career in law. Jonathan Pyzer was able to use the reluctance of the victim to convince the Crown that the case against A.W was weak. He was successful at having all charges against A.W. withdrawn once A.W. signed an s.810 Peace Bond. 

R. v. Z.A., ONTARIO COURT OF JUSTICE, COLLEGE PARK, TORONTO, ONTARIO

The accused, Z.A. and the complainant had been in a romantic relationship for approximately one year when an incident occurred that lead to criminal charges being laid against the accused. A.Z. was charged with two counts of assault and one count of assault with a weapon. The couple had a tumultuous history. Previous to this incident the accused had recently moved out of their shared apartment following an argument. On the evening of the incident, the complainant made arrangements with some friends to attend the nightclub where the accused worked. According to the complainant, when the accused learned of her plans that evening he became very angry.  It was alleged that an argument ensued during which the accused became violent, punching the complainant on both arms, pushing her into the closet, causing it to break. Allegedly the complainant had then run away form the accused into the bedroom, and had lay down in the bed. The accused followed her into the bedroom and squeezed her ankles until they hurt. Allegedly when he let go, he had picked up the victims phone and computer and threatened to throw them over the balcony if she called the police. The complainant later advised police that during their argument, the accused had made her pull down her pants, saying that she deserved a spanking. She claimed she had fearfully complied and that the accused slapped her repeatedly on the behind. According to her, Z.A. also at some point held a cheese knife to her face, threatening to cut out her teeth. The incident ended with the accused leaving the apartment. The complainant did not call the police. According to the complainant a subsequent incident occurred several days later, when the accused shoved his fingers into the complainant’s mouth and banged her head off of the floor. Following which, the complainant called her parents. Her father subsequently reported the incidents to the police. The complainant suffered bruising to her legs, arms and back, and a cut on her lip. Jonathan Pyzer represented A.Z. and was successful at having all the charges against him withdrawn. Initially when Mr. Pyzer asked the crown to consider withdrawing the charges during pre-trial discussions, they refused. After the Judicial Pre-trial, where the judge agreed with Jonathan’s position, there was discussion about a peace bond a withdrawal. The complainant was not agreeable to a peace bond. Jonathan Pyzer was able to convince the Crown to withdraw the charges without a peace bond, not only allowing the accused to avoid a criminal record but also to avoid taking any responsibility for the incidents. 

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If you are charged with a crime in the GTA, Contact Kostman & Pyzer

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