In Ontario, a victim cannot “drop the charges” against their partner. Once the police lay a domestic violence charge, the case belongs strictly to the Crown Attorney. Only the Crown or a judge has the legal authority to withdraw, stay, or dismiss the criminal charges.
It is a common scenario in Ontario: a heated argument leads to a 911 call, the police arrive, and an arrest is made. Days later, once tempers have cooled, the person who made the call deeply regrets the arrest. They might want their partner to come back home to help raise the children or pay the mortgage. Influenced by American television, many people march into the local police station in Mississauga, Kingston, or London and demand to “drop the charges.” 🚨
However, the Canadian justice system does not work this way. Under Domestic Violence & Restraining Orders policies in Ontario, crimes are considered offences against the State, not just the individual victim. Therefore, the victim is considered a witness, not the prosecutor. 📝 Understanding how the Crown Attorney handles these cases is essential if you are hoping for a reconciliation without sending your partner to jail.
Step-by-Step Process When a Victim Doesn’t Want to Proceed
While you cannot force the charges to be dropped, the system does provide avenues for your voice to be heard. The Crown Attorney is required to consider the victim’s wishes, even if they are not bound to follow them. Here are the steps victims usually navigate in Ontario. 📋
Step 1: Contacting the Victim Witness Assistance Program (VWAP)
Shortly after the arrest, the victim is usually contacted by VWAP. This is a government agency designed to support victims of crime. You can communicate your desire for reconciliation and your wish that the charges be withdrawn through your VWAP worker. 💬 The worker will pass this information directly to the Crown Attorney handling the file.
Step 2: Providing a Statement to the Crown or Police
If the victim wishes to explain why the charges should be dropped, they may ask to provide a new statement. However, this is incredibly risky. If you admit that you lied in your original police statement, you could face criminal charges yourself for public mischief or perjury. 👀 Before recanting any statement, a victim should seek Independent Legal Advice (ILA) from their own lawyer, completely separate from the accused’s lawyer.
Step 3: The Crown Attorney’s Review
The Crown Attorney reviews the victim’s wishes alongside all the evidence. The Crown applies a two-part test: Is there a reasonable prospect of conviction? And is it in the public interest to prosecute? 🗄 If there are 911 audio recordings, independent witnesses, or photos of injuries, the Crown may decide it is in the public interest to force the case to trial, even if the victim refuses to cooperate.
Step 4: Exploring Alternative Resolutions (Peace Bonds)
If the victim is uncooperative but the Crown doesn’t want to dismiss the case entirely, they may offer a compromise. The most common resolution is a Section 810 Peace Bond. The accused agrees to keep the peace and be of good behaviour (often attending counseling) for 12 months. 💳 In exchange, the Crown formally withdraws the criminal domestic assault charges, resulting in no criminal record for the accused.
How Much Does Independent Legal Advice Cost?
While the accused must hire a criminal defence lawyer, the victim sometimes needs their own legal guidance, especially if they are trying to navigate recanting a statement without getting into legal trouble. VWAP is a free service, but private advice is not. Here are estimated costs in CAD: 💸
- VWAP Services: 100% Free and provided by the Ontario government.
- Independent Legal Advice (ILA) for Victim: Hiring a lawyer for a one-time consultation to discuss the risks of changing a police statement usually costs $300 to $600 CAD.
- Accused’s Defence Lawyer: Negotiating a Peace Bond resolution to have the charges dropped generally costs the accused between $2,500 and $5,000 CAD.
| Service / Representative | Who They Represent | Estimated Cost (CAD) |
|---|---|---|
| Victim Witness Assistance (VWAP) | The Victim | $0 (Free) |
| Independent Legal Advice (ILA) | The Victim | $300 – $600 per consultation |
| Crown Attorney | The State (Ontario) | N/A |
How Long Does the Process Take?
Waiting for the Crown to make a decision can be agonizing. Even if the victim explicitly states on day one that they do not want to press charges, the Crown usually takes several weeks or months to review the entire police file (known as disclosure). 🕑 If the Crown eventually agrees to resolve the matter with a Peace Bond and withdraw the charges, this process typically takes 3 to 6 months in the Ontario court system.
Frequently Asked Questions (FAQ)
Can I simply refuse to testify in court?
No. If the case goes to trial, the Crown Attorney can issue a subpoena, which is a legal order forcing you to attend court and testify under oath. If you ignore a subpoena, the judge can issue a warrant for your arrest to compel your testimony.
Can the accused’s lawyer call me to talk about dropping the charges?
No. If there is a no-contact order in place, the accused’s lawyer must be extremely careful. While defence lawyers can theoretically interview witnesses, they cannot be used to pass messages or pressure a victim. You are under no obligation to speak to the defence lawyer.
Will my partner automatically go to jail if convicted?
Not necessarily. For first-time summary conviction offences where the injuries were minor, judges in Ontario often impose probation, mandatory counseling, or conditional discharges rather than actual jail time, though domestic violence is treated very seriously.
Why does the Crown continue prosecuting if I am not afraid of my partner?
The Crown has a mandate to deter domestic violence in the community at large. Even if you are not afraid, the Crown must consider the risk of future violence and the public interest in prosecuting assault, aiming to prevent the cycle of abuse from continuing.
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