Marrying the woman he has assaulted four times in the past two years has landed a Victoria man in jail for 90 days.
Kevin Knorr pleaded guilty Wednesday to breaching the conditions of his probation order to have no contact or communication with his girlfriend and victim Cheryl Dales.
After being released from jail on Nov. 13, 2017, Knorr and Dales contacted a marriage commissioner. They were married at the Moka House at Fisherman’s Wharf the next day.
This fifth breach of the no-contact order was “fairly egregious,” Crown prosecutor Steve Fudge told Victoria provincial court. “Mr. Knorr has shown complete contempt for court orders,” said Fudge, who asked for a four-month jail sentence to send Knorr the message that he can’t ignore court orders with impunity.
Chantelle Sutton, who represents Knorr, asked for a 30-day jail sentence, saying there was no suggestion of violence with this breach.
“This file came to the officer’s attention through a Facebook post, showing the marriage at the Moka House,” Sutton said.
“There was no fear or violence and we assume Miss Dales was a willing person in the breach because she got married.”
The issue with Knorr, a 41-year-old carpenter, is quite unique, Sutton said. “He has no addiction problems or reporting problems, just the no-contact breaches.”
Sutton applied to the court to have the no-contact order changed to allow Knorr to contact Dales with her consent.
“They say they are very much in love and want to have a relationship. Having contact with her consent would give her more power over her life,” Sutton said. “They are sneaking around — and not very well, especially with the Facebook post.”
Dales goes back and forth, expressing fear to the police, then recanting, Fudge explained to Judge Jennifer Barrett. In one incident, Dales jumped five to six metres from a balcony to escape Knorr because she feared for her life, he said.
But violence has occurred and there will be further violence, he predicted.
“Miss Dales remains in the residence until the danger point has come and Mr. Knorr remains in the residence until his anger hits the threshold and he assaults her,” Fudge said.
“It’s not a question of personal autonomy. Every time, police are called to a domestic, it’s one of the most dangerous things they do. People turn from being frightened of the accused to being angry at police.”
Dales suffers from substance abuse, which is one of Knorr’s triggers, Fudge said.
“It frequently escalates into anger and violence when she sinks into substance abuse.”
A tearful Dales, marriage certificate in hand, asked for the opportunity to go through counselling “with my husband.”
“I love you, I love you,” she told Knorr, before being directed to speak only to the judge.
‘I’m not giving up on him. It’s not going to happen,” Dales said.
Knorr stood and apologized for his repeated breaching of court orders.
“I love this woman with all my heart,” he said, his voice breaking. “When you’re in love with somebody, you’re going to stick your neck out. You’re going to do things you shouldn’t do. She’s been there to support and love me. … I can assure you I’m a different man than I was four months ago.”
But Barrett agreed with the Crown that the breach was egregious.
“Mr. Knorr has simply ignored the court orders and I understand she has participated. I also understand that makes it difficult for Mr. Knorr. But the court orders are on Mr. Knorr and they are very clear — he is not to have any contact or communication with Miss Dales,” Barrett said.
Dales stormed out of the court when Barrett said she had no evidence that Dales had taken any significant steps to educate herself about her role in the relationship.
“And I don’t have anything concrete before me that the risk to Miss Dales since the last assault occurred in August 2017 has been in any way reduced,” Barrett said. “The risk appears to be high and the probation can’t be changed because the risk is too high.”
Knorr needs significant counselling before the court could consider changing the order, said the judge. He also needs the clear message he must comply with court orders.
“Flagrantly getting married, the day after your release, to your victim is simply behaviour that flies in the face of following a court order,” Barrett said.
