Arnold's Case — Assault (Domestic) — Withdrawn

Client:  Arnold, Accused
Complainant:  Lola, Arnold's secret lover
Charges:  Assault 

Background:  Arnold had troubles in what my father called "the love department." He was unhappy in his marriage, and unwisely developed a love affair at work. Her name was Lola. Now he was unhappy with Lola, openly accusing her of cheating. For her part, Lola was unhappy that Arnold wouldn't leave his wife. Arnold confronted Lola at work about the cheating. There was a minor struggle with major consequences. Arnold lost his job, and was charged with assault. That's no picture of domestic bliss, I admit, but there was hope. Arnold and his wife attended my office together. They were committed to each other and to making their marriage work. The strain of recent events, however, held them captive. They were in desperate need of counselling.

READ THE POLICE REPORT

Goals:  Arnold wanted the charges withdrawn or dismissed. I also referred him for counselling. It would help in my negotiations with the Crown. It would also help him in the love department.

Strategy:  You might be thinking that Arnold wasn't deserving of sympathy. You'd be wrong. During the early negotiations, the Crown, having read the counsellor's report, wondered out loud what kind of state the "poor fellow" must have been in to get himself in such a mess — after all, it was one bad judgment after another. The counsellor's report revealed another curiosity. After Lola and Arnold started the affair, Lola befriended Arnold's wife and other members of her family, speaking regularly with them. The Crown stressed that we needed time to pass. Everyone needed time to heal and to move on. The Crown suggested that I schedule the trial date. If Arnold continued to stay away from Lola, and continued to make progress in counselling, the Crown might consider a peace bond. That was as much as we could expect at that stage.

Results:  On the morning the trial, I had a series of fruitful discussions with the Crown and the police officer. Arnold agreed to a sign peace bond. The Crown agreed to withdraw the charge.

READ THE TRANSCRIPT OF THE WITHDRAWAL