Finding Place to live in the event of false Domestic Violence Complaint by your partner

[pankajn]

A Canadian PR holder has false domestic violence charges filed against him by the police following a complaint from his wife. The charges have not yet been proven true or false. He was outside of Canada at the time and was unaware that his wife had reported him to the police while he was traveling to India to visit his parents. Upon learning about the charges by his wife, when he told his wife he was returning to Canada, he became apprehensive about returning to Canada as his wife had threatened him to implicate in more serious false allegations if he dared to return to Canada. However, he has since appointed a criminal and divorce lawyer in Canada.

The individual does not have a Canadian residential surety for his release, as he was a newcomer during COVID and could not form strong friendships in Canada due to the lockdown. His criminal lawyer tried a plea to the police to prevent his arrest at the airport and arrange for him to be handed over to local police instead. However, the police refused the lawyer's plea and are adamant about arresting him at the airport and taking him into custody.

The police will not forward his file to criminal court until they execute the warrant, which they have indicated will not happen until he returns to Canada. This likely means that person will be arrested at the airport.

The best option would be to have a residential surety for bail from someone (close friend or relative) living in Canada, but this is not currently feasible. Additionally, the police are likely to seize your passport.

In such a case, the person can not move to his marital home due to restraining orders, and his wife has plotted a false domestic allegation to capture the house, car, and household items. Therefore, he needs to live temporarily upon arrival in Canada after being released on bail. Therefore, in such a case, how can someone find a temporary place to live in Canada and then find a two-bedroom apartment for rent? But as he has criminal charges and has not proven innocent currently, how difficult would it be for him to find both a temporary and permanent place as the landlord checks his background and the police would require the residential address on bail release for monitoring?

 

[scylla]

A Canadian PR holder has false domestic violence charges filed against him by the police following a complaint from his wife. The charges have not yet been proven true or false. He was outside of Canada at the time and was unaware that his wife had reported him to the police while he was traveling to India to visit his parents. Upon learning about the charges by his wife, when he told his wife he was returning to Canada, he became apprehensive about returning to Canada as his wife had threatened him to implicate in more serious false allegations if he dared to return to Canada. However, he has since appointed a criminal and divorce lawyer in Canada.

The individual does not have a Canadian residential surety for his release, as he was a newcomer during COVID and could not form strong friendships in Canada due to the lockdown. His criminal lawyer tried a plea to the police to prevent his arrest at the airport and arrange for him to be handed over to local police instead. However, the police refused the lawyer's plea and are adamant about arresting him at the airport and taking him into custody.

The police will not forward his file to criminal court until they execute the warrant, which they have indicated will not happen until he returns to Canada. This likely means that person will be arrested at the airport.

The best option would be to have a residential surety for bail from someone (close friend or relative) living in Canada, but this is not currently feasible. Additionally, the police are likely to seize your passport.

In such a case, the person can not move to his marital home due to restraining orders, and his wife has plotted a false domestic allegation to capture the house, car, and household items. Therefore, he needs to live temporarily upon arrival in Canada after being released on bail. Therefore, in such a case, how can someone find a temporary place to live in Canada and then find a two-bedroom apartment for rent? But as he has criminal charges and has not proven innocent currently, how difficult would it be for him to find both a temporary and permanent place as the landlord checks his background and the police would require the residential address on bail release for monitoring?

Temporary housing should be very easy. You can book Airbnb or a hotel or something similar.

 

[pankajn]

Wouldn't he face issues if he gives a temporary address for Airbnb, as the landlord might be apprehensive about the police visiting during the stay? I'm asking because the person needs to provide both temporary and permanent addresses to the police and court for bail. Also, how would securing a permanent stay work, considering a background check and the need to explain the situation regarding the allegations?

 

[scylla]

Wouldn't he face issues if he gives a temporary address for Airbnb, as the landlord might be apprehensive about the police visiting during the stay? I'm asking because the person needs to provide both temporary and permanent addresses to the police and court for bail. Also, how would securing a permanent stay work, considering a background check and the need to explain the situation regarding the allegations?

He needs to figure out how to secure a permanent address himself. Maybe the lawyer can provide advice on this front or refer him somewhere.

I don't think police would be showing up at his temporary location unless he has broken the conditions of his release in some way. Don't see this being a problem. There's no security check involved in hotel and Airbnb stays.

 

[scylla]

A Canadian PR holder has false domestic violence charges filed against him by the police following a complaint from his wife. The charges have not yet been proven true or false. He was outside of Canada at the time and was unaware that his wife had reported him to the police while he was traveling to India to visit his parents. Upon learning about the charges by his wife, when he told his wife he was returning to Canada, he became apprehensive about returning to Canada as his wife had threatened him to implicate in more serious false allegations if he dared to return to Canada. However, he has since appointed a criminal and divorce lawyer in Canada.

The individual does not have a Canadian residential surety for his release, as he was a newcomer during COVID and could not form strong friendships in Canada due to the lockdown. His criminal lawyer tried a plea to the police to prevent his arrest at the airport and arrange for him to be handed over to local police instead. However, the police refused the lawyer's plea and are adamant about arresting him at the airport and taking him into custody.

The police will not forward his file to criminal court until they execute the warrant, which they have indicated will not happen until he returns to Canada. This likely means that person will be arrested at the airport.

The best option would be to have a residential surety for bail from someone (close friend or relative) living in Canada, but this is not currently feasible. Additionally, the police are likely to seize your passport.

In such a case, the person can not move to his marital home due to restraining orders, and his wife has plotted a false domestic allegation to capture the house, car, and household items. Therefore, he needs to live temporarily upon arrival in Canada after being released on bail. Therefore, in such a case, how can someone find a temporary place to live in Canada and then find a two-bedroom apartment for rent? But as he has criminal charges and has not proven innocent currently, how difficult would it be for him to find both a temporary and permanent place as the landlord checks his background and the police would require the residential address on bail release for monitoring?

As an aside, the lockdown argument for not being able to make friends doesn't make sense. Lockdowns ended two years ago. I wouldn't recommend using this argument in court.