Legal Question in Criminal Law in Canada

i am on probation for an assult witch is not the problem, the problem is i have to stay away from a woman that her and i dont want to have to stay away from eachother. i am to stay away 100 meters and have no contact with her. this is the problem with my probation. how would i go about getting this removed off my probation order so her and i could continue our relationship that we had previously started to get in. the police are the ones that charged me not her.


Asked on 2/19/10, 6:48 pm

1 Answer from Attorneys
Kenneth Golish Golish, Kenneth W.

It sounds like you entered a plea of guilty and didn't have the assistance of a lawyer when you did so. It also sounds like you are still in contact with your girlfriend even though the terms of the probation do not permit this.

Finally, I am guessing you have a condition to report to a probation officer. If so, you might want to suggest to the officer that you think your girlfriend wants to continue with the relationship.

You do not have to admit to the officer that you may have breached the order. Do not lie. In any event, you should not continue to breach the order.

If you feel the relationship is worth it, you should know the court continues to have the authority to vary any condition of the probation, but this requires that there is good cause for doing so. Talk to your probation officer or better, a lawyer, about what can be done.

You really should be considering whether the relationship is worth continuing anyway. If it resulted in a police charge, it probably isn't.

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Answered on 2/19/10, 8:31 pm


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