Domestic charges laid last night: What happens next? Can it be stopped now from going further?

If you or your spouse was charged last night with a domestic offence, the accused will either be released from the police station with an Undertaking (Form 10) or held for bail hearing. In most first offence cases, where there is no injury or weapon used, they will be released from the station with conditions not to communicate with the alleged victim directly or indirectly and not to attend at their place of residence.

The accused may be fingerprinted during the arrest process, but normally they will be given a future date to attend at the police station for fingerprints and also a court date. The court date will take place after the fingerprinting date. Note that the court date given is not a trial date, but merely the first court appearance date.

The only thing that will likely happen on the first court date is that a new court date will be set for them to return to court. The first court date is only the beginning of the process. No contact conditions are usually still in place after the first court date, but sometimes they can be varied.

Is there any way to stop the charges from being laid now if it just happened last night?

In 99%+ of cases the answer is no. Technically the police could change their mind and not file the charging paperwork (a process called the swearing/laying of the information) at the courthouse, but this almost never happens in cases that are classified as domestic violence. In fact, they consider it good policing to keep the parties separate to prevent any further victimization.

The accused may be given the opportunity to get their personal belongings by attending at the residence one time in the presence of a police officer. Our clients report this process to often be rushed. They may be told to pick their things up at the front door without being allowed inside. The alleged victim is sometimes tasked with collecting their needed personal items (keys, medicines, glasses, clothes) and having them ready at the doorstep for pick up.

The police are well aware that many alleged victims will not want their husband/wife charged at this point. In most cases, neither party expected a no contact clause to be put in place when they called 911. They most certainly didn’t expect their spouse to be facing the prospect of going to jail or getting a criminal record as a result of their overheated dispute.

Can I just go to the police station myself and ask them not to press charges anymore?

You can do this if you want, but keep in mind that anything you say to the police can be used as evidence in the case against your husband or wife. It was talking to the police that caused them to lay the charges in the first place (unless a third party called them). If you say even more, whether on the phone or at the station, this usually only makes things worse.

In some cases the alleged victim will end up telling the police about assaults or threats that occurred in the past thinking that disclosing this will somehow convince them not to charge them. Their reasoning is that even though he/she was violent before it never escalated much further therefore charges are not needed. Such statements will normally result in additional charges being laid.

Can the complainant just say it was all a lie or that they were the primary aggressor?

In trying to get the charges dropped, the alleged victim may desperately say that they lied to the police or 911, or that they themselves assaulted their partner. The police will then charge the alleged victim themselves with public mischief, assault, or whatever other offence they admitted to. Normally they do not drop the original case against their spouse meaning they both end up facing charges.

The perspective of the police is that it is up to the courts to sort out who is telling the truth. If two separate domestic assaults are reported, it is normal for two sets of charges to be laid against both partners individually.

Anyone charged with a domestic violence offence should be represented by a lawyer from the start.

The best course of action for any accused is to hire a defence lawyer immediately to engage with the police and the Crown Attorney on their behalf. This protects them from further incriminating themselves or their partner and maximizes their chances of success in the long term. While you can’t take back what has already been said, you can act now to ensure the case is handled properly moving forward.

Both the short term goal of having the release conditions varied to allow for contact and the long term goal of trying to get the charges dropped and avoiding a criminal record should be carefully managed by defence counsel from the start.

If you or someone you are trying to help has been charged with a domestic offence in Ontario, give us a call now at 647-228-5969 for assistance.


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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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