In Mississauga, a victim cannot “drop” domestic assault charges. Once Peel Regional Police lay charges, only the Crown Attorney has the authority to withdraw them. The accused typically must hire a defence lawyer ($3,000 to $8,000 CAD) and complete the PARS program before charges are dropped.
Domestic disputes can escalate quickly, and in the heat of the moment, a 911 call is often made. However, once the Peel Regional Police arrive and make an arrest, the situation is entirely out of the family’s hands. Many complainants in Mississauga wake up the next day regretting the call, wanting to “drop the charges” so their partner can return home and they can repair their relationship. 😞
Under Canadian criminal law, a victim does not have the power to withdraw charges. Only the Crown Attorney has that legal authority. We will explain how the strict zero-tolerance policy works in Ontario, the frustrating bail conditions that keep couples apart, and the specific steps a criminal defence lawyer takes to negotiate a positive resolution with the prosecution.
Step-by-Step Process for Resolving Domestic Assault Charges in Mississauga
Ontario treats domestic violence cases very aggressively. Even if the victim explicitly tells the police they do not want to press charges, the police must lay an assault charge if they have reasonable grounds to believe an offence occurred. Here is how the legal process unfolds.
Step 1: The Arrest and Strict Bail Conditions
When an arrest is made, the accused is usually released on a strict bail order containing a mandatory “no-contact” condition. 🚫 This means the partner cannot live at the family home, call, text, or communicate with you through third parties, even if you desperately want them to. Breaching this bail condition will result in new criminal charges.
Step 2: The Role of VWAP
As the complainant, you will likely be contacted by the Victim Witness Assistance Program (VWAP) operating out of the Brampton Courthouse. This government service is designed to support victims, not to provide legal advice. You can clearly inform the VWAP worker that you wish to reconcile with your partner, and they are obligated to pass this information on to the Crown Attorney.
Step 3: Retaining Independent Legal Counsel
The accused partner must hire their own criminal defence lawyer. Meanwhile, you (the complainant) might choose to consult an independent lawyer. A lawyer can help you draft a sworn affidavit expressing your desire to reunite and confirming that you do not fear for your safety. 📝 Remember, the accused’s defence lawyer cannot legally give advice to the victim due to strict conflict of interest rules.
Step 4: The Crown’s Decision and the PARS Program
The Crown Attorney will carefully review the police notes, any past criminal record, and the victim’s wishes. If the injuries were minor and it is a first offence, the Crown might offer an alternative to a criminal conviction. They may allow the accused to complete the Partner Assault Response (PARS) program or sign a Section 810 Peace Bond. Only after these conditions are met will the Crown officially withdraw the charges in court.
How Much Does it Cost in Mississauga?
Defending against a domestic violence charge can be a significant financial investment, but it is crucial for protecting the accused’s future, employment, and family unit.
- Costs for the Victim: There is absolutely $0 CAD in fees for the victim to communicate with VWAP or provide input to the Crown Attorney.
- Defence Lawyer Fees: For the accused, hiring a reputable law firm in the Peel Region to resolve a domestic assault case typically costs between $3,000 and $8,000 CAD depending on complexity.
- PARS Program Fees: If the Crown agrees to a diversion program, the accused must pay for the PARS counselling course, which operates on a sliding scale but averages $150 to $300 CAD.
How Long Does the Process Take?
The separation period caused by bail conditions is often the most painful part for families trying to heal.
| Stage of the Process | Estimated Timeframe |
|---|---|
| No-Contact Bail Conditions | Usually active for the entire duration of the court case |
| Applying for a Bail Variation | 4 to 8 weeks to get Crown approval to resume contact |
| Completing the PARS Program | 12 weeks of mandatory counselling sessions |
| Final Withdrawal of Charges | 6 to 12 months from the date of the arrest |
It is vital that both parties respect the legal process. Attempting to secretly communicate while a no-contact order is in place frequently leads to further arrests. Hiring a skilled local criminal defence lawyer ensures that negotiations with the Crown are handled professionally, speeding up the timeline to reunite your family legally and safely.
Frequently Asked Questions (FAQ)
Can I refuse to testify against my partner?
In Canada, you cannot simply choose not to testify. If you receive a subpoena, you are legally required to attend court. Refusing to answer questions on the witness stand could lead to contempt of court charges against you.
What if I lied to the police during the 911 call?
If you admit to making a false statement to the police out of anger, you could face criminal charges yourself for public mischief. You should consult an independent lawyer before recanting your original police statement or signing a KGB statement.
Will my partner get a criminal record?
If the Crown Attorney agrees to withdraw the charges upon successful completion of a Peace Bond or the PARS program, the accused will not receive a criminal conviction, protecting their employment and travel capabilities.
Can the accused visit their children during the case?
Bail conditions often prohibit contact with the partner, which makes seeing children difficult. However, a lawyer can often arrange for a bail variation that allows safe, third-party contact for child access, sometimes in coordination with family court orders.
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