Let’s just get the biggest myth about being charged with domestic assault out of the way before we go any further. You cannot get domestic assault charges dropped in Ontario if the complainant decides to withdraw the charges. Canadian law says that victims of an assault cannot simply drop criminal charges against the accused.
But that doesn’t mean that a victim who wants to withdraw domestic violence charges can’t help in having charges dropped.
3 Ways to Get Domestic Assault Charges Dropped in Ontario
- Hire a Specialized Lawyer – Only the Crown Attorney’s office can have charges withdrawn. That makes the best thing you can do to maximize your chances of having the charges dropped is to hire an expert criminal assault lawyer who specializes in domestic cases of assault.
- Recants – Victims in assault cases can recant their statements that support the charges. By itself, a recant will not get the charges dropped. But a recant tells the Crown Prosecutor that the chances of conviction are somewhat mitigated and that may be enough to persuade the Crown to drop charges.
- Your Criminal Defence Lawyers Negotiate with The Crown – The circumstances of your case may result in the withdrawal of charges. This can include if they are less serious charges, it’s a first offence, you have no criminal record, there were no children present during the assault and/or it was an isolated incident. Your defence lawyer can engage in pre-trial discussions with the Crown Prosecutor to have the charges dropped.
If you found this article helpful, check out our recent post about what to do when you’re accused of fraud.