Variance on Bail Conditions

[ninehundredt]

I have read about the process of applying for a variance (change) of bail conditions by the abusive party, but am wondering if anyone here has experience applying for a variance as a victim in a domestic violence case?

Basically imagine a partner is charged with domestic abuse and bail conditions, such as no-contact, are set. The two partners set aside their differences and wish to co-habitate again...but they cannot legally be in contact.

I'm presuming that it would be easier for the bail conditions to be varied by the victim rather than the abuser. There are plenty of lawyers offering to handle this for a hefty fee, but there has to be a better way to accomplish this.

[arabian]

Seriously? One would hope that the victim stays clear of the abuser and gets some serious counselling. "Setting aside one's differences" does not make the charges go away. Domestic violence is a very serious matter. I do not see any grey area.

I believe the Crown prosecutor's office would be a place to find information.

[standing on the sidelines]

Seriously? One would hope that the victim stays clear of the abuser and gets some serious counselling. "Setting aside one's differences" does not make the charges go away. Domestic violence is a very serious matter. I do not see any grey area.

I believe the Crown prosecutor's office would be a place to find information.

agreed. Whose to say that "putting aside their differences" isn't just the abuser exercising their control over the victim? The abuser saying that it wont happen again etc. This isn't a simple argument, its domestic abuse. I hope the victim has had a chance to get some counselling. This could be a case of the abuser just playing nice to get more freedom from the bail conditions.

[arabian]

IF someone is doing time in the big house then the Crown has pressed the charges, not the victim.

Cases when the victim gets sucked in to reconcile with the offender are not unheard of. (Pimps who beat up their women who then visit them in prison.)

I sincerely hope that children are not part of the equation in this particular situation.

[stripes]

I think once charges are laid, the matter is out of the victim's hands. He or she doesn't set the bail conditions, so he or she can't change them.

I agree with everyone else here, "setting aside their differences" is just a nicer way of saying "disregarding the fact that this person physically abused me to the point that the police arrested him/her". I really hope the victim in this scenario is getting some good counselling.

[ninehundredt]

I should have been more clear when asking the question. Anyway to answer my own question, any changes to variations / bail conditions can only be requested by the abuser.

[standing on the sidelines]

I should have been more clear when asking the question. Anyway to answer my own question, any changes to variations / bail conditions can only be requested by the abuser.

did you actually mean the abuser or the abused? Seems funny that the courts would allow the person who did the crime be able to request the ability to contact or be with the victim. The court could deny the request or give the victim a heads up on what is happening.

[ninehundredt]

did you actually mean the abuser or the abused? Seems funny that the courts would allow the person who did the crime be able to request the ability to contact or be with the victim. The court could deny the request or give the victim a heads up on what is happening.

The abuser. Yes I agree that it's strange, but that's straight from the crown attorneys office.

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[Rioe]

I would imagine that's because authorities could never be sure that if the victim requested it, it was not due to intimidation/weakness?