Domestic assault charges withdrawn (dropped)

As criminal lawyers, the best result in any case we can get is to get the charges withdrawn. This means that the Crown Attorney asks the judge to drop all charges. The accused does not have to take part in a risky trial and can move on with their life. Withdrawn charges do not result in a finding of guilt or a criminal record. It is a better outcome than an absolute or conditional discharge because both of those require a finding of guilt. The accused will be able to apply to have their fingerprints destroyed and the case will not show up on most criminal record checks.

Charges withdrawn = No contact orders cancelled. This allows the accused to avoid a criminal record and go back home.

In domestic assault cases, the parties (alleged victim and accused) often want to get back together immediately afterward. They share parental roles, finances, live together, and have many reasons why they need to communicate with each other. When a person is charged with a domestic assault they will be released either on a Form 10 Undertaking or a Form 11 Release Order after being held for bail. The terms of release will require them not to attend at the family home or communicate with the alleged victim. If the criminal charges are withdrawn (dropped) the no contact release conditions will automatically be cancelled.

Most domestic assault cases take several months to be withdrawn. Often it is possible for the accused’s lawyer to work out a deal to have the Undertaking or Release Order changed so that they are able to go back home and communicate with their spouse/partner while they undergo some form of counselling. The counselling will normally be related to jealousy, relationship boundaries, anger management or substance abuse depending on the nature of the charges and the facts of the case.

Can I, or should I, agree to a peace bond if that is a possible option?

When someone is charged with domestic assault, getting the charges withdrawn is the best possible result their lawyer can obtain for them. In Ontario the Crown Attorney will often require that the accused agree to a peace bond as part of the deal before withdrawing the charges. This is definitely not a guaranteed option in any domestic case. In most cases, the Crown will not offer a peace bond.

Sometimes domestic assault charges can be withdrawn without a peace bond. The most common reason is that there is no reasonable prospect of conviction or that it is not in the public interest for the Crown to proceed with the case. Other times the allegation is sufficiently minor enough that the Crown waives the peace bond. Since Ontario domestic policies always require that the police press charges, there are some seemingly innocuous cases in the system. Depending on the alleged victim’s input the Crown may be willing to withdraw the charges without a peace bond.

How can the victim/complainant help their spouse/partner get the charges withdrawn if they don't want them charged?

The most substantial thing a victim/complainant can do to help their partner is create a domestic victim affidavit.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with criminal offences throughout Ontario, Canada.

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Are you a lawyer? If you are defending a criminal 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.

*2023 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2023. Past results are not necessarily an indication of future results.

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