How can a victim drop domestic charges?

If the victim wants to have contact and the charges dropped this can help their spouse/partner's case.

Many victims will wrongly first reason that since they started the process of having the accused charged for a domestic violence/IPV offence by calling 911 or the police, they should be able to also make a simple phone call and have the charges dropped. A victim cannot simply drop the charges at will but they can create an affidavit of support to help encourage the Crown to decide to do so. While the victim is not the decision maker, they remain an extremely important part of the process.

If the victim does not want to proceed, or wants the charged dropped, creating an affidavit that is submitted to the Crown and the court can help the accused:

1. Get the charges dropped, withdrawn, or stayed (no criminal record),


2. Avoid going to jail or receive a reduced sentence,


3. Have their no-contact conditions dropped or varied to allow contact (or limited contact),

Intimate partner violence (aka domestic) cases vary greatly and the victim’s ability to influence the case will vary greatly from case to case. No outcome is ever 100% guaranteed but creating an affidavit is the #1 thing that the victim can do to help.

Many of the victims that create affidavits have already gone through the regular process of speaking with victim’s services/VWAP and are unhappy with the results.

They may feel that their voice is not being heard or that only a limited amount of information is being conveyed on their behalf to the Crown. The advantage of the affidavit is that it allows the victim to fully express themselves and their wishes from the beginning. They often want to be heard fully now and not have to testify at a trial that may or may not happen many months or even years down the road.

Domestic/IPV cases usually put the victim and the accused in a very difficult position because one is displaced from their home and they are unable to communicate to arrange child care, finances, and other important issues. The victim may want to act sooner rather than later to try to assist the accused and speed up the court process if possible.

Can the victim drop the charges before court? What is the timeline for this?

Unfortunately the victim usually cannot drop the charges before court in the vast majority of domestic cases in Ontario. It is extremely rare for a domestic case to be dropped prior to the accused’s first court appearance date. In fact, most domestic cases take many months or even years to fully resolve. The timeline is never good even in the best of circumstances for a victim who wants to reunite with their spouse/partner as soon as possible.

While the process is not quick there can be vast differences in how soon an accused is allowed to contact the victim again (and vice versa). The victim’s input, particularly if done in the form of an affidavit, can be extremely beneficial to the accused’s ability to defend their case (get it dropped, reduced, etc.) and have their release conditions varied to allow contact with the victim while the case is still ongoing.

Please see the following pages on supporting victim affidavits for more information:

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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