In Canada, a victim cannot simply “drop” criminal charges against a family member. Once the Ottawa Police Service lays a charge, only the Crown Attorney has the legal authority to withdraw it, often requiring the victim to seek independent legal advice first.
When a domestic dispute gets out of hand, the police are often called to defuse the situation. Many people are shocked to learn that if an arrest is made, they immediately lose control over the legal process. If you are wondering how to drop criminal charges against a family member in Ottawa, it is crucial to understand that the Canadian justice system operates very differently than what you might see on American television.
Under the Criminal Code of Canada, criminal acts are considered offences against the state, not just the individual victim. 📋 Therefore, the police lay the initial charges, and the Crown Attorney prosecutes them. While your wishes as a victim are important, they do not automatically dictate the outcome. We highly recommend consulting a lawyer to safely express your desires to the court.
Step-by-Step Process in Ottawa
Whether the incident occurred in Orleans, Nepean, or downtown Ottawa, the strict “zero-tolerance” domestic violence policies apply uniformly across Ontario. If you want to advocate for the charges to be withdrawn, you must follow the proper legal channels.
Step 1: Understanding the Crown’s Role
The very first step is accepting that only the Crown Attorney can withdraw or stay a charge. 💼 You cannot simply call the Ottawa Police Service the next morning and tell them you changed your mind. The Crown will evaluate the evidence, the history of the relationship, and the safety of the public before making any decisions.
Step 2: Contacting VWAP
In Ontario, victims of domestic incidents are usually contacted by the Victim/Witness Assistance Program (VWAP). You can express your desire to reconcile and explain that you do not want the prosecution to move forward. VWAP will relay your feelings to the Crown Attorney, though they represent the Crown, not you.
Step 3: Seeking Independent Legal Advice (ILA)
If you want to change your original police statement because it was exaggerated or inaccurate, you must tread very carefully. Lying to the police is a crime. You should hire your own lawyer for Independent Legal Advice (ILA) before swearing a new affidavit or providing a KGB statement to the Crown to protect yourself from public mischief charges.
Step 4: Exploring a Peace Bond Alternative
A common resolution in Ottawa is the implementation of a Section 810 Peace Bond. If the Crown agrees the risk is low, they may offer to withdraw the criminal charges if the accused family member agrees to sign a Peace Bond, promising to keep the peace and perhaps attend counselling.
How Much Does it Cost in Ottawa?
Navigating the criminal justice system involves different costs depending on who needs representation. As a victim, your costs are generally minimal, but the accused will likely face significant legal fees.
- VWAP Services: Speaking with the Victim/Witness Assistance Program and the Crown Attorney is completely free for victims.
- Independent Legal Advice (ILA): If you as the victim hire a lawyer to draft an affidavit or advise you safely, expect to pay between $300 to $800 CAD.
- Defence Lawyer for the Accused: The accused family member will need their own criminal defence lawyer. Depending on if it is a summary conviction or indictable offence, resolving a domestic charge in Ottawa usually costs between $3,000 and $10,000+ CAD.
How Long Does the Process Take?
Domestic assault charges are taken very seriously in Ontario and are rarely dropped overnight. 🕑 The accused will often have strict bail conditions, such as a “no-contact” order, which prevents them from returning home for months.
| Stage of the Process | Estimated Timeline |
|---|---|
| Initial Bail and No-Contact Order | Imposed within 24 hours of arrest |
| Crown Review of Victim’s Wishes | 4 to 8 weeks after the incident |
| Bail Condition Variations (if approved) | 2 to 3 months to allow contact again |
| Final Resolution or Withdrawal | 6 to 12 months |
Frequently Asked Questions (FAQ)
Can I refuse to testify against my family member?
If the Crown Attorney issues you a subpoena, you are legally required to attend court and testify truthfully. Refusing to testify or ignoring a subpoena can result in a warrant for your arrest.
Can the police force my spouse to leave our home?
Yes. When an arrest is made for a domestic offence, the judge or Justice of the Peace will almost always impose strict bail conditions that forbid the accused from communicating with you or returning to the shared home.
What happens if I contact the accused despite the order?
Even if you initiate the contact, the accused is the one bound by the court order. If they respond to you or see you, they can be arrested and charged with “Failure to Comply with Bail Conditions,” making their situation much worse.
Can a lawyer guarantee the charges will be dropped?
No lawyer can guarantee that the Crown will drop the charges. They can only guarantee that they will present the strongest possible arguments and negotiate vigorously with the Crown Attorney on the accused’s behalf.
What is a KGB Statement?
A KGB statement is a formal, videotaped, or sworn statement made under oath to the police. It is often used by victims who wish to recant or significantly change the initial story they told officers at the scene.
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