How a victim can help get no-contact release conditions removed in domestic violence criminal cases.

A victim can help get a no-contact order lifted by providing an affidavit that demonstrates that contact between the two parties is not contrary to the public interest.

Crown Attorneys in Ontario know that in most of the domestic cases the parties want to regain contact with each other as soon as possible. Most of the time the victim was unaware that a lengthy no-contact order would be put in place when they first called the police. No-contact orders are extremely problematic because they often force people out of their homes, away from their children, and disrupt a couple’s ability to manage their lives and finances together.

Couples are put in a somewhat impossible position when a no-contact order is suddenly imposed without any time to prepare for the time apart in advance. As such getting the no-contact conditions changed is often the most immediate concern for both the accused and the victim in domestic cases.

The victim can help get the no-contact conditions lifted by demonstrating to the Crown Attorney that:

1. They want to regain contact as soon as possible;


2. They do not fear the accused;


3. That the accused does not pose a risk to their safety or the safety of any associated 3rd parties (children, grand parents, other relatives, etc.);


4. That allowing contact between the parties will not interfere with the prosecution of the case (which is often also unwanted);


5. That the public will not be offended by removing the no-contact conditions.

Overall the Crown wants to ensure that nothing is going to happen again and that allowing contact between the two parties will not put the justice system in disrepute. Some of these factors are based on the opinions of the victim themselves, whereas others are objective determinations that must be made by assessing the facts of the case.

In Ontario the Crown policy manuals also direct that they must drop or discontinue prosecution in cases where there is no reasonable prospect of conviction (RPC). Since the no-contact order itself is part of the deal that allows the accused remain out of the custody while their case is pending, if the charges are dropped the no-contact order is automatically cancelled and contact can be immediately regained assuming there are no other court orders in place forbidding it, such as a probation order or peace bond.

What steps can a victim take to get no-contact conditions removed as soon as possible?

The most substantial way for a victim to help get no-contact conditions changed is to create a supporting affidavit of non-prosecution and provide it to the Crown Attorney. An affidavit is a legal document that a victim can use as a tool to persuade the Crown to consent to changes to the accused’s release conditions to allow for contact.

In cases where contact is allowed while the charges are pending, the no-contact conditions are varied to allow for communication if the victim provides written revocable consent. While a contested court hearing/bail review is a one mechanism by which changes can be made, often the easiest and quickest way to legally regain contact is by getting the Crown to consent to the changes in advance.

How to get the judge in court to approve the no-contact variation form.

Any variations to drop the no-contact clause will need to be approved by the court. This means a judge or justice of the peace must agree with varying the conditions to remove or add an exception to the no-contact order. The fastest way to have an application approved by the court is to get the Crown Attorney to consent to it. Victims who want to help can submit an affidavit to the Crown in support of them consenting to the variation application to allow for contact.

The Crown will consent to vary the conditions after carefully considering the above noted five factors and determining that it is appropriate. When charges are first laid, the Crown will not have all of this information available to them. The victim can thus help make this happen by providing new and updated information that supports it.

Regaining contact relatively soon after charges are laid is possible in some cases and impossible in others. Like most things in the criminal justice system, subjective decisions will ultimately be made. The goal is to present the case to the Crown in a way that supports lifting the release conditions and mitigates any concerns they have in letting the parties get back together.

What can the victim do if the Crown refuses to consent to the variation?

If the Crown still refuses to agree to the variation it may still be changed via a bail review hearing but this process takes longer to complete. It is the accused who must make this application to the court, not the victim.

Whether the Crown has already made their initial decision regarding consenting to contact or not, the most effective way for the victim to help is to have a lawyer create a supporting victim affidavit and provide it directly to the Crown Attorney as soon as possible.

Please see the following two pages for more information on supporting victim domestic affidavits to help get no-contact orders removed:

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.

---