Obstruction of justice and public mischief charges in domestic criminal cases

Can my spouse get the charges dropped by going back to the police and telling them that he/she lied?

If the complainant goes back to the police and recants or changes their story, it will normally result in charges of obstruction of justice, public mischief, or both. It is a criminal offence to make a misleading statement to the police and it is also an offence to waste public resources. Both of these charges can be relatively serious and the Crown will often seek a probationary sentence and a criminal record even if the accused has no prior record.

The original charges are often not dropped (at least not right away)

The recanting of the story also does not guarantee the domestic charges will be dropped. Often, and particularly in cases where a recorded video (KGB) statement is taken from the victim by the police, the Crown will use the video in court to support their case at trial. They can do this because the police will have the accused make the statement under “oath like” conditions. This means they swear an oath or an affirmation on video to tell the truth. In more serious cases, a KGB video statement is almost always requested from the victim. Even in cases without a KGB statement, sometimes the recording of the 911 call will be used as evidence in court.

The police want to get a KGB statement on video before the victim changes her mind or realizes that giving such a statement will result in his/her husband or wife being criminally prosecuted and unable to contact them anymore (due to release conditions of the Undertaking (Form 10) or bail). In minor cases, sometimes the police do not bother to take a video statement, which diminishes the strength of their case. Other times the complainant refuses the police request for a video/KGB statement.

Even if there is no video statement and the witness remains uncooperative, the accused will often have to wait until their trial date for their case to complete. This is unless the accused makes a deal to have their case dropped (withdrawn), peace bonded (often withdrawn), or for a joint position to ask the judge for a conditional or absolute discharge (no criminal conviction record).

In cases where a trial date is set, it usually takes 6 months to one year between the setting of the trial date and the actual trial date. The Crown will often refuse to withdraw the charge or offer no evidence prior to this date in domestic cases (because the complainant could again change their story or mind in the meantime). Even if the Crown has virtually no case, the victim and the accused are often forced to live apart and incur the massive financial and child rearing consequences that result from the no contact conditions while they await the trial date if no deal is made to resolve the case beforehand.

It is important that victims consult a lawyer who can protect them and possibly create an affidavit which will help their husband, wife, boyfriend, girlfriend, etc. with their case.


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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. Our goal is to have the charges withdrawn and the release conditions varied to allow contact without a risky and unnecessary trial. We provide effective and affordable lawyer representation for those charged throughout all of Ontario, Canada.

You don't need to be apart from your spouse and family, spend tens of thousands of dollars, and risk getting a criminal record because of an unfortunate domestic incident. Have a skilled criminal lawyer protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending a domestic assault/uttering threats/mischief related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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