Writing a letter to the Crown to get domestic violence charges dropped

Can the victim write a letter to get domestic charges dropped and/or remove the no-contact release conditions?

If you are the victim in an intimate partner violence (IPV) or domestic criminal case it is quite common that you may not want the accused to be forbidden from talking to you or get a criminal record. Unfortunately, since the police decided to press charges against them they will have to agree to not go home or communicate with you until the case is over or the release conditions are changed. This is a problem for both the accused and the victim in a lot of cases.

Many victims will first try to call the police officer to ask them to drop the charges but eventually will be told they have to deal with the Crown Attorney’s office that is handling the file. Domestic victims may want to write a letter to the Crown to add some context to the situation, express their wishes, feelings, thoughts, and clear up what they see to be a misunderstanding.

Writing a letter to try to get the no-contact clause varied and the charges dropped or reduced is most effectively done in the form of an affidavit.

The best practice is to create the affidavit with a lawyer to ensure that the victim's wishes are heard and that they do not say anything that may get them in trouble or harm the accused’s case.

Most affidavit letters will be crafted to allow the victim to fully express themselves in a way that is most effectively beneficial their accused partner (or ex). They can include:

1. a full statement of the victim’s wishes,
2. outline of family responsibilities, child care issues, finances, etc.,
3. opinion as to what should happen,
4. provide context to the incident itself,
5. explain any misunderstandings or things taken out of context,
6. detail the history of the relationship,
7. provide positive information about the accused,
8. indicate their wants and needs regarding contact and communication,
9. recommendations for counselling, treatment and preferred future plans,
10. indicate whether the victim will voluntarily testify in court without a subpoena.

In Ontario each Crown Attorney’s office operates differently. Some will reach out to victims eventually or have their victim’s services (VWAP) office do so on their behalf. If a victim wants to be proactive in having their opinion heard as soon as possible the best way to do so is to create a supporting victim affidavit. This is a sworn legal document that is provided to the Crown Attorney from the victim. It becomes part of the evidence in the case to be considered by both the Crown and Judge.

The accused’s lawyer will also receive the affidavit themselves through the Crown Attorney’s office to help them prepare their defence and no-contact clause variation forms/supporting paperwork. If the accused does not have a lawyer (is self represented) or is being assisted by duty counsel the Crown Attorney will also provide them with a copy of the affidavit.

While there is no iron-clad, 100% guaranteed result in any criminal case, the affidavit can help the victim maximize their relevance in the case. It also shows your partner that you are trying to do everything you possibly can to help them.

For obvious reasons, victim supporting affidavits should only be created 100% voluntarily by a fully informed victim who is not under any pressure to do so (particularly from the accused). This is a decision that the victim (alleged victim) needs to consider for themselves and decide on their own. They are a useful tool for victims in appropriate circumstances and the most effective form of a letter expressing their wishes in the legal system.

Creating a supporting victim affidavit provides a safe and effective way to maximize your influence in what happens with the case and is tailored to your specific wants and 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.

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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