can you file a police report for an assault without pressing charges?

[spikerS]

Just have a simple question.

Say during the course of events, person A physically grabs person B, and violently moves them causing pain (lasting).

1) does this count as assault?
2) can a police report be filed and documented without pressing charges, or will charges be applied regardless of the will of the victim?

Thanks!

[Star1995]

Wouldn't the police investigate first before pressing charges thus a report would be on file along with witness statements. I can't imagine the police being happy about wasting their time so, if it happened then they will want to lay a charge if they can.

[JRSC00LUDE]

I'm pretty sure you no longer have the option of "deciding" if charges are pressed once you file a complaint. If they warrant it a chargeable offence it's now out of your hands/control.

Phil?

[ExtraSlow]

I never understood the concept of "pressing charges" in cases like this. If the offence occurred, and the police have evidence of that, why would the offender not be charged?

[Masked Bandit]

I think "pressing charges" is an American thing. In Canada I believe it's up to the police to decide if they charge or not.

[spikerS]

ok, what I was trying to figure out is if it could be documented with the police without it going further, but it is the police that have the final say is what I am understanding.

[Kloubek]

Originally posted by Masked Bandit
I think "pressing charges" is an American thing. In Canada I believe it's up to the police to decide if they charge or not.

Exactly true. The public have no say.

Bottom line in a case like this is if the police believe an assault took place and that there is a chance for a conviction, the perp will be charged.

[ExtraSlow]

Originally posted by spikerS
ok, what I was trying to figure out is if it could be documented with the police without it going further, but it is the police that have the final say is what I am understanding. What do you hope to gain from documenting this event? A court case is good documentation, and if you believe that this person might take similar action in the future, a criminal charge and court case is a good idea for the safety of the people that this offender might come into contact with. I take it that the assaulter and assaultee are known to each other? Chance of repeat is incredibly high here.

[JRSC00LUDE]

Originally posted by spikerS
ok, what I was trying to figure out is if it could be documented with the police without it going further, but it is the police that have the final say is what I am understanding.

Yup, no trying to teach someone a lesson for you today! :nut:

[bjstare]

Originally posted by spikerS
Just have a simple question.

Say during the course of events, person A physically grabs person B, and violently moves them causing pain (lasting).

1) does this count as assault?
2) can a police report be filed and documented without pressing charges, or will charges be applied regardless of the will of the victim?

Thanks!

Yes, that counts as assault.

As mentioned, charges being pressed is not under your discretion.


Why would you want to waste the time of the police if you clearly don't think this event matters enough to press charges?

Either file a report knowing charges might be laid, or stfu and push person A back next time it happens.

[spikerS]

Originally posted by ExtraSlow
What do you hope to gain from documenting this event? A court case is good documentation, and if you believe that this person might take similar action in the future, a criminal charge and court case is a good idea for the safety of the people that this offender might come into contact with. I take it that the assaulter and assaultee are known to each other? Chance of repeat is incredibly high here.

Yes they are known to each other, and no i was not involved, before anyone asks. :rofl:



Originally posted by JRSC00LUDE


Yup, no trying to teach someone a lesson for you today! :nut:

yippie. LOL

[spikerS]

Originally posted by cjblair


Yes, that counts as assault.

As mentioned, charges being pressed is not under your discretion.


Why would you want to waste the time of the police if you clearly don't think this event matters enough to press charges?

Either file a report knowing charges might be laid, or stfu and push person A back next time it happens.

it is a sensitive matter, and it would be a good thing if it can be officially documented for later dates.

[Feruk]

Somebody "physically grabs" and "moves" someone else and you wanna call the Police? Lol, you must've gone shit crazy when Trudeau brushed by that chick in Parliament a few months ago!

Don't waste Polices' time.

[spikerS]

Originally posted by Feruk
Somebody "physically grabs" and "moves" someone else and you wanna call the Police? Lol, you must've gone shit crazy when Trudeau brushed by that chick in Parliament a few months ago!

Don't waste Polices' time.

Not quite, but thanks for reading and understanding my question.

[01RedDX]

.

[Feruk]

Originally posted by spikerS
Not quite, but thanks for reading and understanding my question.
Your question was answered correctly already. I was just commenting on considering calling the cops when a punch wasn't even thrown. Pussification of society and such.

[spikerS]

Originally posted by Feruk

Your question was answered correctly already. I was just commenting on considering calling the cops when a punch wasn't even thrown. Pussification of society and such.

Not quite, I was asking about documentation of behavior that is harmful in nature with authorities, not calling in the po-po.

[JRSC00LUDE]

Originally posted by spikerS


Not quite, I was asking about documentation of behavior that is harmful in nature with authorities, not calling in the po-po.

There may we a mechanism to do such a thing, call the general line at the 5-0 and ask. They're usually pretty helpful with that kind of thing.

[AndyL]

Just pop into district office file report, probably will just get filed with 0 follow up (basically schoolyard fisticuffs with no injuries)

[A790]

Call the non-emergency and ask them. Don't give personal info, just ask for guidance.

I've done it before, and I'm sure I'll do it again. It's non-emergency for a reason.

[msommers]

Originally posted by A790
Call the non-emergency and ask them. Don't give personal info, just ask for guidance.

I've done it before, and I'm sure I'll do it again. It's non-emergency for a reason.

Exactly.

403-266-1234

[lasimmon]

I'm guessing wife/girlfriend was the person moved and/or hurt, but doesn't want husband/boyfriend to get in trouble. Spikers and friends want it on record in case it happens again.

[Xtrema]

Originally posted by lasimmon
I'm guessing wife/girlfriend was the person moved and/or hurt, but doesn't want husband/boyfriend to get in trouble. Spikers and friends want it on record in case it happens again.

Sounds like it. Typical behavior of the abused.

[spikerS]

Originally posted by lasimmon
I'm guessing wife/girlfriend was the person moved and/or hurt, but doesn't want husband/boyfriend to get in trouble. Spikers and friends want it on record in case it happens again.

lol, I had to read that three times before I got the full meaning behind it.

NO, that isn't the case, but I will give a few more details so that speculation does not go rampant.

I am going through a divorce right now that has gone on entirely too long. My EX can be level headed at times, but is a very emotional person, and reacts with very strong emotions. Her intelligence level is not very high either. I am not putting her down saying this, but it is something I have learned over time. Because of this, her logic and actions are very much based in emotion rather than through reasoning.

Today, Baygirl had a "girls only" event planned, and so picked up my daughter from my EX. My daughter got in our truck, but my Ex opened the door that my daughter was leaning on which caused her to fall out onto the street and become injured.

Of course both my Ex and Baygirl rush to my daughter to make sure she is ok. My ex was there first obviously, and they are both trying to check her over, at which point my EX grabs a fistful of Baygirls' hair and yanks her backwards (while holding my daughter), and starts yelling and swearing. This happened twice. After the second time, my Ex took my daughter into their house.

It upset both of our kids greatly to the point they were in hysterics and tears.

I think it needs to be documented. If this happens again, we need to be able to show a pattern of this violence, and having official records is the best way to do that in my mind. We don't necessarily think charges are warranted, but we would like this on the record.

[D'z Nutz]

I read the first post and thought: I wonder what spikerS' ex has done now.

I'm glad we were not left hanging haha

You okay Baygirl?

[lasimmon]

So then report it and take the advice of the police then?

[baygirl]

Originally posted by D'z Nutz
I read the first post and thought: I wonder what spikerS' ex has done now.

I'm glad we were not left hanging haha

You okay Baygirl?
Pretty much. Shoulder is a little sore where she pushed me, but that could be beacuse I was tensed up making sure I didn't touch her(1. Both daughters were crying and I didn't want to escalate the situation 2. I am not stupid and wanted to be sure I didn't do anything that costs us time with daughter.)

[RealJimmyJames]

Sounds like this person is a danger to you and your family spike-man, and the situation is already quite acrimonious. I can't see a downside to filing a police report. they may choose not to pursue the charges.

[bjstare]

Originally posted by RealJimmyJames
Sounds like this person is a danger to you and your family spike-man, and the situation is already quite acrimonious. I can't see a downside to filing a police report. they may choose not to pursue the charges.

There is one very real, potentially nasty downside. Reporting/charges being filed may motivate spikers' crazy ass ex to drag out the divorce even longer in any way possible. I bet if the divorce was final, this would have played out a lot differently.

[FraserB]

Go down, fill out a statement. If they ask if you want to press charges, just say not at this time. But they might consider it a domestic incident and that might mean they have no choice but to arrest her and have the Crown file charges

[bjstare]

Originally posted by FraserB
Go down, fill out a statement. If they ask if you want to press charges, just say not at this time. But they might consider it a domestic incident and that might mean they have no choice but to arrest her and have the Crown file charges

Which reminds me of another risk - if you've got any history domestic incidents (regardless of your role), it can impact your ability to get a RPAL (if that matters to you).

[FraserB]

Originally posted by cjblair


Which reminds me of another risk - if you've got any history domestic incidents (regardless of your role), it can impact your ability to get a RPAL (if that matters to you).

As a bystander, it wouldn't affect Spikers. The only way it would is if his ex fed them a line of nonsense when they contact her as required upon renewal or application.

[Minimalist]

Let's change roles here for a different view. Had it been your Ex's new boyfriend who grabbed your hair, would the correct action be more obvious? You need to officially document the Ex and her violent, immature behaviour. I doubt it is the first time she has overreacted to a situation and I'll add one of her own doing. The girl needs councilling.

[baygirl]

Originally posted by Minimalist
Let's change roles here for a different view. Had it been your Ex's new boyfriend who grabbed your hair, would the correct action be more obvious? You need to officially document the Ex and her violent, immature behaviour. I doubt it is the first time she has overreacted to a situation and I'll add one of her own doing. The girl needs councilling.
You are right, it is not the first time. Everything has been documented, the only reason I was hesitating was because of the kids. I just wanted everything to go back to normal for their sake. However this is too much, esp since she was holding daughter at the time.

[spikerS]

Originally posted by Minimalist
Let's change roles here for a different view. Had it been your Ex's new boyfriend who grabbed your hair, would the correct action be more obvious? You need to officially document the Ex and her violent, immature behaviour. I doubt it is the first time she has overreacted to a situation and I'll add one of her own doing. The girl needs councilling.

If her fiancee tried that, I would be in jail, and chances are he would be being fed through a straw. (well, I would like to think that, but I am too chicken shit of getting a rap sheet that I probably wouldn't do anything. :rofl: )

No, this isn't her first time. She has tried to get me charged with domestic abuse (thankfully after the police investigated, it was proven that she was lying). I have also had to have the police attend my house on more than one occasion to get her to leave (the last time it happened, it took 4 CPS officers to physically remove her). She has assaulted me in the past, but I never took it anywhere, but now that she has assaulted Baygirl, it's a whole new ball game, hence wanting to document the encounter officially.

Baygirl and I actually went down to the station to file a report, and we were promptly turned away. We were told we had to call the non-emerg line, and have an officer dispatched to our house....Seems like a waste of resources to me when there are 8 cops sitting there playing solitaire on their computers. So we went home, called the non-emerg line, and an officer came to the house. Baygirl gave them the story of what happened and backstory,
https://media1.giphy.com/media/3o85xyqTde87u0L8qc/200_s.gif

Officer asked if we wanted her charged, and we replied that we are under the impression that it is out of our hands. They replied that we have a say in it, but it is still up to the officer....We just said we want it documented as there has been issues in the past, and we need to show that violence will not be something we tolerate.

The officer then took down Baygirl's statement and has now left to go and speak with my Ex.

[Star1995]

I'd tell this Bay girl to not get between a mother and her daughter no matter what happens. Bay girl needs to know her role in the pecking order. I'd also throw in that it is very rude to send your girlfriend over to pick up your daughter from her mother. Maybe you don't understand how painful that can be for some people.

I can see why the divorce is taking so long. You need to show a little respect for your ex and her daughter.

I'm definitely not religious and 100% not Jewish but I do recommend you listen to Dr. Laura, she has lots to say to you about relationships. In case you don't know her Dr Laura is like the Donald Trump of relationships she'll tell you how it is...

[spikerS]

Originally posted by Star1995
I'd tell this Bay girl to not get between a mother and her daughter no matter what happens. Bay girl needs to know her role in the pecking order. I'd also throw in that it is very rude to send your girlfriend over to pick up your daughter from her mother. Maybe you don't understand how painful that can be for some people.

I can see why the divorce is taking so long. You need to show a little respect for your ex and her daughter.

:rofl:

[[Yu]]

Lol... I know this is a troll account but i'll bite.


Pecking order? Lol... it was the mom who dropped their own kid. So baygirl like any regular person is gonna check on the kid.

Man I don't even know why I typed that. I want to see star's response haha

[C_Dave45]

Originally posted by spikerS
ok, what I was trying to figure out is if it could be documented with the police without it going further, but it is the police that have the final say is what I am understanding.

Sorry if this was addressed after your post...(I just hit "reply" lol)..

I thought it was "out of their hands" if the assault was a domestic assault.

I got into a fight on the road one time, full on, middle of the road fist fight. Public broke it up, but called the cops. The cops came and got me at work, took me in, took a statement and asked if I wanted to press charges. I said "no", and the cop said "well neither does he"...and gave us both a warning.

OTOH, a close family member went to cops after her hubby choked her and threw her against the wall. The cop told her, they really had no choice but to go and arrest him. It wasn't her choice.

[JRSC00LUDE]

Is star your ex?

[D'z Nutz]

Originally posted by C_Dave45
I got into a fight on the road one time, full on, middle of the road fist fight. Public broke it up, but called the cops. The cops came and got me at work, took me in, took a statement and asked if I wanted to press charges. I said "no", and the cop said "well neither does he"...and gave us both a warning.

I'm gonna call BS on this story.

Nobody picks a fight with this beast and certainly nobody would give you a warning.

http://i123.photobucket.com/albums/o312/CalgaryDave/Dave%20lifting_zpsysxbufxv.jpg

[The_Rural_Juror]

I hope she burns in hell. No one messes with the girl of the guy who did my drywall.



(figuratively speaking and not serious)

[phil98z24]

Originally posted by JRSC00LUDE
I'm pretty sure you no longer have the option of "deciding" if charges are pressed once you file a complaint. If they warrant it a chargeable offence it's now out of your hands/control.

Phil?

Correct. We decide who gets charged, but if we think we won't have cooperation from the victim, we will likely decline to proceed on a common assault. Easy peezy.

[ExtraSlow]

FTFY

Originally posted by D'z Nutz

I'm gonna call BS on this story.

Nobody picks a fight with this moustache

[msommers]

Spikers and Baygurl, you guys handled this perfectly in all aspects.

Here's to hoping this is the last of it.

[spikerS]

Originally posted by msommers
Spikers and Baygurl, you guys handled this perfectly in all aspects.

Here's to hoping this is the last of it.

It's not. I have been notified that the investigating officer has involved child protective services unrelated to this event. The officer told me to get a copy of her report ASAP but now that I am trying I am running into road blocks everywhere. I am supposed to bring my daughter back tomorrow for the exchange, but now I don't know what to do. I don't know why CPS is visiting her house or what the issue is.

My anxiety level is through the roof!

[msommers]

I wish I had more to offer but legally I just don't know enough to help.

Perhaps pursuing FOIP and getting all info you're allowed.

[spikerS]

Originally posted by msommers
I wish I had more to offer but legally I just don't know enough to help.

Perhaps pursuing FOIP and getting all info you're allowed.

Yeah. That's where I am at now. In all my phone calls around, none of the services can sat anything, and they sympathize with me, but still can't give me any information. However none of them are conveying a sense of urgency, nor I have I been contacted directly thus far. Because of this, I am of the miND that it is not that serious. As such I don't think I will peruse anything further, unless something changes between now and tomorrow afternoon.

One thing I am insisting on from this incident, is that all transfers will now happen at a police station parking lot.

[ryder_23]

Originally posted by spikerS


It's not. I have been notified that the investigating officer has involved child protective services unrelated to this event. The officer told me to get a copy of her report ASAP but now that I am trying I am running into road blocks everywhere. I am supposed to bring my daughter back tomorrow for the exchange, but now I don't know what to do. I don't know why CPS is visiting her house or what the issue is.

My anxiety level is through the roof!


My bet is the officer saw a bunch of drugs on the counter or something and issued an investigation. If she was lying about something towards you (which wouldn't surprise me she seems like a real winner) the officer would personally visit you..? I dunno. Trying to cool ur anxiety.