Can You Withdraw Domestic Violence Charges Once Pressed in Markham?

When a heated argument escalates and the police are called to a home in Markham, many couples believe the police are just there to mediate. They are often shocked when an arrest is made and strict bail conditions are imposed. Following an arrest, it is incredibly common for the complainant (the alleged victim) to want things to go back to normal and simply “drop the charges.” Unfortunately, the Canadian justice system does not work like television dramas. Once a 911 call is made and police arrive, the control of the situation shifts entirely from the couple to the state.

Because the Crown Attorney views domestic assault as a crime against society, not just a private dispute, they aggressively prosecute these offences to protect vulnerable individuals. 👮 If you are involved in a domestic case in Markham, your matter will be handled at the Newmarket courthouse. This guide outlines the strict step-by-step process of how these charges are handled, the costs involved as of May 2026, and what both the accused and the complainant can do to navigate the legal system.

Step-by-Step Process for Domestic Violence Cases in Markham

York Regional Police have a strict mandatory charge policy. If they have “reasonable and probable grounds” to believe an assault occurred, they must lay a charge. From there, the procedure follows rigid provincial protocols.

Step 1: The Arrest and No-Contact Order

Immediately after the arrest, the accused will usually be released on an Undertaking or after a bail hearing. Almost every release includes a strict “no-contact” condition. This means the accused cannot speak to, text, or live with the complainant. Even if the complainant wants contact and invites the accused back to their Markham residence, returning is a new criminal offence (Breach of Bail) for the accused.

Step 2: The Role of the Crown Attorney

The police forward their evidence (disclosure) to the Crown Attorney’s office in Newmarket. The Crown reviews the police notes, the 911 audio, and any photographs of injuries. The Crown’s primary duty is to protect the public interest. If they believe there is a reasonable prospect of conviction, they will proceed with the charges, even if the complainant refuses to cooperate.

Step 3: Contacting the VWAP

The complainant will usually be contacted by the Victim Witness Assistance Program (VWAP). 📞 VWAP provides information and support to victims. If the complainant wishes to express their desire to have the charges dropped or the no-contact order lifted, they must communicate this to VWAP or directly to the Crown Attorney, often by providing a sworn “KGB statement” explaining why their original story was inaccurate or misunderstood.

Step 4: Exploring a Peace Bond

If the Crown recognizes that the case is weak or that a trial is not in the public interest, the defence lawyer for the accused may negotiate a resolution. A common outcome is a Section 810 Peace Bond. The accused agrees to keep the peace and be of good behaviour for one year, and in exchange, the Crown formally withdraws the criminal assault charges.

How Much Does it Cost in Markham?

Defending against domestic violence allegations is financially draining. While the complainant does not pay to have the case prosecuted, the accused must fund their own defence.

• Criminal Defence Lawyer: Retaining a local law firm to defend a domestic assault charge typically costs between $3,500 and $10,000 CAD, depending on whether the case goes to a full trial.
• Bail Variation Application: If both parties want to resume contact, the defence lawyer must apply for a bail variation at the Newmarket courthouse, which can cost an additional $1,000 to $2,500 CAD.
• Independent Legal Counsel (Complainant): Sometimes, complainants hire their own lawyer to advise them on how to safely communicate with the Crown without facing public mischief charges. This generally costs $1,000 to $3,000 CAD.
• Counselling Programs: As part of a plea deal or peace bond, the accused may need to complete the Partner Assault Response (PAR) program, which has an enrollment fee of roughly $300 CAD.

How Long Does the Process Take?

Reconciling your family life will take time. Altering a no-contact order through a bail variation can take anywhere from 3 to 8 weeks, as the Crown must review the request and ensure the complainant is not being coerced. ⌛

If the case proceeds through the standard channels at the Ontario Court of Justice, reaching a resolution or a trial date usually takes between 9 and 18 months. During this entire waiting period, the accused must strictly adhere to their bail conditions or face further arrests by York Regional Police.

Frequently Asked Questions (FAQ)