How to contact the Crown to get domestic assault charges dropped.

Calls and emails alone are often ineffective.

At some courthouses a victim can call or email the Crown Attorney directly to ask that charges be dropped while others direct that all victim input be received through their Victims Services or VWAP (Victim Witness Assistance Program) office. In cases where the victim attempts to contact the Crown directly they may not receive a response or nothing more than a copy/paste answer indicating their wishes are being taken into consideration or to contact VWAP.

A lot of victims are unhappy with their attempts to contact the Crown because they are used to government agencies and private businesses providing relatively good customer service. They are used to having their concerns heard by someone who listens and follows their instructions. Crown Attorneys in Ontario do not operate this way at all.

While victim input is often sought and considered, it does not alone dictate how the Crown will proceed.

Attempts by the victim to influence and direct the proceedings (drop the charges, vary release conditions to allow for contact, etc), often fall on seemingly deaf ears. As such, cases drag on and couples are forced to remain apart while the no-contact conditions remain in place.

This frustrating process is only encountered after it is too late. Once the police were called the victim is no longer the decision maker even if it was they themselves who called them in the first place. While it is extremely easy to have someone charged with a domestic offence (assault, utter threats, mischief, etc.), the process of getting the Crown to drop the charges is much more time consuming and difficult.

How can the victim get the Crown to drop the charges against their spouse?

The victim may be able to help persuade the Crown to drop the charges by providing evidence or information that highlights weaknesses in their case. Often the victim is the #1 Crown witness and therefore proving the accused guilty may rely on evidence or testimony that they must provide.

While the Crown can force a victim to testify via a subpoena, and testimony must be truthful and given under oath, there is no guarantee as to the quality of evidence that will ultimately be provided. The victim is recognized as an extremely important part of any criminal case even though it may not seem that way when they attempt to voice their concerns with the Crown.

There are 2 main ways a victim can help get the Crown to drop domestic violence charges:

1. By demonstrating that there is no reasonable prospect of convicting (RPC) their accused spouse; or,


2. By convincing the Crown that it is not in the public interest to proceed with the charges.

When the Crown drops (withdraws) charges it is for one of these two reasons (or both). This can happen after charges are laid when the victim provides new information, opinions, and evidence that goes beyond the initial police investigation into their spouse.

The problem that many victims encounter is that it is very difficult to get their voice heard. Calls to the Crown may lead to secretaries and unreturned voice mails. Emails are often sent without receiving a timely response or are replied to with only a generic stock answer. The victim may be directed to a VWAP worker that seems unsympathetic to their wishes of dropping the charges and regaining contact with their spouse/partner as soon as possible.

The victims services/VWAP office may also only be willing to take very basic statements from the victim such as that they “want contact again” or they “don’t want the person charged”. These rarely provide anything more than their most basic opinions and lack the evidence/information needed to persuade the Crown that they have no case (RPC) or that the accused is a person worthy of a second chance.

How the victim can get the Crown’s attention and maximize their influence in domestic violence cases.

Given these challenges the victim may choose to hire a lawyer to create an affidavit to help their spouse and provide it to the Crown Attorney (and their lawyer). This is the most direct and substantial way for the victim to get in contact with the Crown and have their voice heard.

Submitting an affidavit to the Crown provides additional information that they must consider when evaluating the case. It is a legally binding document that becomes evidence in the case and that is why it is also the most effective way for a victim to try to get the charges against their spouse dropped.

Each affidavit is crafted differently to address the relevant issues in the case. A stock or generic affidavit would generally be much less effective than one that is properly drafted and customized. The goal is to demonstrate that there is either no RPC or that it is not in the public interest to proceed.

What if my spouse actually did hit me but I still don’t want him charged?

This sort of thing happens all the time. Perhaps some unwanted physical contact was made and there was no actual injury. The police may have been called in haste and pressed charges based on the allegation of minimal contact combined with Ontario’s charge first/ask questions later domestic policies.

In these circumstances, while the victim may not be in a position to recant and technically there is enough evidence for a conviction if their story is believed, it may still not be in the public interest to prosecute. It is not in the public interest to convict everyone and saddle them with a criminal record that would most likely render them largely unemployable. Lots of accused people deserve a second chance or the ability to earn a second chance even if they did commit a crime(s).

The victim may have information that can be provided to the Crown that exemplifies many positive, mitigating factors in the accused’s history.

Domestic violence (aka intimate partner violence/IPV) incidents are not necessarily reflective of future behaviour. Sometimes people act out of character and change their behaviour in the future afterwards. This is often the case with first time offenders who accept responsibility for their actions and may take steps such as attending counselling for anger management, relationship boundaries/respect, or substance abuse to learn how to better react in the future.

The Crown may ultimately drop these cases because they feel that while the person technically is guilty of the crime they have rehabilitated themselves to the point that they no longer present a risk to the victim or the public. Often charges can be negotiated to have the accused’s no-contact release conditions (Undertaking or Release Order) changed to allow for contact with the victim’s written revocable consent.

The most effective way to contact the Crown to help the accused is by submitting a properly crafted affidavit. Please see our pages on domestic affidavits and FAQs about domestic affidavits for more detailed information about this process:

1. Affidavit services for victims: This provides some general/basic information about what the affidavit process is and its potential benefits to the accused and the victim.


2. FAQs about victim affidavits: This page provides far more detailed, specific information about the victim affidavit creation process.

Call us today for a free assessment
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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