How can I recant my statement? In short: you can’t without getting yourself in trouble, but you can create an affidavit to help the accused.

When a person’s spouse is criminally charged after a call to the police/911 the most immediate life change is that an Undertaking (Form 10) or Release Order (Form 11) will be put in place forbidding contact and communication between the accused and the alleged victim. The accused also now faces possible jail time and a criminal record that can ruin their employment prospects, immigration status with IRCC, future ability to travel to the U.S. and other countries, etc.

Since the “victim” often does not want any of these things to happen one of the first questions they ask is how to recant their statement.

Unfortunately recanting a statement is not nearly as simple or effective as most complainants expect. Since it is a criminal offence to lie to the police (public mischief, obstruction of justice), the complainant may be criminally charged themselves if they take back what they initially said. It is a crime to lie to the police.

The police want me to come into the station to give a statement. If I refuse to do so can they still charge my spouse?

If your spouse has been put on conditions not to contact you and has an upcoming court date (usually for assault, uttering threats, mischief, etc.), they have already been charged. Their case is already going to court whether you agree to give a formal statement at the police station or not. The purpose of the statement is to strengthen the case against your spouse, but it is often not actually needed.

If the accused has already been charged (given a court date), this means the police already have collected enough evidence to reasonably believe a criminal offence may have occurred. Usually the complainant has already given a statement to the police via a recorded call to 911 or when speaking to the police when they arrived at the scene. Sometimes this statement is recorded on CCTV bodycam, via an audio recording device, or may simply be written by the police officer in their notepad. An electronic copy of the statement is not required.

A complainant/victim cannot afterwards go back to the police and say they want to recant and that their initial statement was not true (even if it was just written in a notepad). This would incriminate the complainant as they would either have had to have lied initially to the police or are lying by recanting.

What if I don’t want to press charges? I just wanted the police to come and talk to my spouse to calm the situation down, not for all this to happen.

It is common for the victim to wrongly think that since they caused all this to happen by reporting the incident to the police they can also make it all go away by later saying that it did not happen, or by saying they do not want their statement to be used. In addition to being criminally charged for lying to the police, the complainant’s prior original statements can also still be used against their spouse whether they approve of it or not. The victim can also be subpoenaed (legally forced) to testify in court against their partner.

As such, recanting the statement will not make everything immediately go back to the way it was before the police were called. Recanting is not a viable option for complainants wanting to help their spouse/partner in Ontario domestic violence cases.

If I can’t recant my statement, what can I do to help my husband, wife, partner, ex, etc.?

The complainant/victim can help their accused partner (or ex partner) by creating a supporting victim affidavit of non prosecution. This is a legal document that allows the alleged victim to provide their input to the Crown Attorney and the Judge in court. While the victim is not the decision maker regarding dropping the case, their input is extremely relevant as they are usually the Crown’s most important witness. Victim input has also long been recognized as an important part of the Canadian criminal justice system.

An affidavit can provide context to the incident along with expressing the feelings, wishes, and requests of the complainant.

The affidavit is provided to the Crown Attorney and the accused’s lawyer (or directly to the accused themselves if they don’t have a lawyer). It may also be submitted in court for consideration by the Judge. It is the most effective way that a victim can help their spouse/partner in a domestic violence classified case to:

1. Have the no contact/communication clauses of the Undertaking or Release Order varied to allow the accused to go back home and regain contact
2. Get the charges dropped
3. Avoid going to jail
4. Avoid a criminal record

Domestic violence cases can range from something benign such as a grab on the arm, shove, or broken matrimonial property to violence resulting in significant bodily harm. The range of realistic outcomes and the ability of the victim to help the accused depends on the facts of the case. It is also not uncommon for the victim to want to help their spouse even if they are separated and the relationship is over.

The accused often shares financial and parental responsibilities that would be substantially (and perhaps permanently) impaired if they go to jail and/or receive a criminal record jeopardizing their employability. Just because the relationship is over does not necessarily mean the complainant wants to see the accused’s life ruined. As such, supporting affidavits are submitted by victims in cases relating to both current active relationships and those that have ended.

Creating a supporting victim affidavit provides a safe and effective alternative to recanting your statement and is tailored to your specific wants/needs. If you are interested in creating a victim supporting affidavit, more information can be found on the following 2 pages:

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

It is recommended that you read both of the above noted pages on affidavits if it is something you are interested in. We create supporting victim affidavits throughout all of Ontario, Canada and you do not need to travel anywhere to use our services.


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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