The Complainant Does Not Control the Charges
In Ontario, criminal charges are prosecuted by the Crown Attorney on behalf of the state — not by the complainant. Once police lay a domestic assault charge, the complainant cannot “drop” or withdraw it. The decision to proceed, withdraw, or offer an alternative resolution belongs to the Crown.
This surprises many people. In domestic situations, the complainant often wants the charges withdrawn — the incident may have been a one-time event during an argument, the parties may have reconciled, or the complainant may not have wanted the police involved in the first place. None of this gives the complainant the power to end the prosecution.
The Crown’s domestic violence prosecution policy is clear: prosecutors must carry out domestic violence cases as aggressively as any other criminal offence. The policy exists because domestic violence is treated as a public safety issue, not a private dispute between two people.
How Domestic Assault Charges Get Withdrawn
That said, domestic assault charges are withdrawn regularly. The Crown withdraws charges when it concludes that there is no reasonable prospect of conviction or that proceeding is not in the public interest. The most common paths to withdrawal are:
Evidence Problems
The Crown’s case in domestic matters often depends heavily on the complainant’s statement to police. If there are significant problems with that evidence — inconsistencies between the initial statement and subsequent accounts, contradictions with physical evidence, lack of corroboration from independent witnesses, or issues with how the statement was obtained — the Crown may conclude that the case cannot be proven beyond a reasonable doubt.
A thorough review of disclosure (the evidence package the Crown provides to the defence) is the starting point. Experienced defence counsel know what to look for: gaps in the investigation, inconsistencies the police overlooked, missing witnesses, problems with identification, and Charter issues related to the arrest and search.
Witness Credibility Issues
Domestic cases frequently turn on credibility. When the complainant’s account is contradicted by other evidence — for example, by independent witnesses, text messages, photographs, or the complainant’s own prior statements — the Crown’s case weakens substantially. A complainant who has made prior false allegations, who gave inconsistent statements to police, or whose version of events is contradicted by physical evidence presents serious problems for the prosecution.
The Complainant’s Wishes
While the complainant does not control the prosecution, the complainant’s views are a factor the Crown considers. If the complainant does not wish to proceed, is reluctant to testify, or has expressed that the incident was exaggerated, the Crown will take this into account — particularly where the evidence is not strong independently. The Crown may request an interview with the complainant to assess their position, and the complainant’s reluctance can contribute to a decision to offer a peace bond or withdraw the charge.
However, a complainant’s recantation is not a guarantee of withdrawal. The Crown may view the recantation with skepticism if there are indicators that the complainant is being pressured, or may proceed based on other evidence such as 911 recordings, injury photographs, or third-party witnesses.
The Peace Bond: The Most Common Resolution
In many domestic assault cases — particularly those involving first-time offenders, less serious allegations, and cases where the complainant supports the resolution — the outcome is a peace bond under section 810 of the Criminal Code.
A peace bond is not a guilty plea and not a conviction. The accused enters into a recognizance — a formal promise to the court — to keep the peace and be of good behaviour for a specified period, typically 12 months. The conditions of the peace bond may include:
- No contact with the complainant (or modified contact for child-related matters)
- Counselling (anger management, Partner Assault Response program, or other programs)
- No weapons possession
- Other conditions specific to the circumstances
In exchange for the accused entering the peace bond, the Crown withdraws the criminal charges. The accused does not receive a criminal record. After the peace bond period expires without breach, the matter is fully resolved.
Securing a peace bond requires the consent of both the Crown and the complainant. The defence lawyer’s role is to build the case for this resolution: demonstrating the accused’s good character, addressing the Crown’s concerns about safety, presenting completion of voluntary counselling, and ensuring the complainant’s position is communicated to the Crown.
Diversion Programs
Some courthouses in Ontario offer diversion programs for domestic assault cases. These programs typically require the accused to accept a measure of responsibility and complete counselling, community service, or other programming. Upon successful completion, the charges are withdrawn.
Eligibility for diversion varies by courthouse and Crown policy. Not all domestic cases qualify, and some Crown offices do not offer diversion for domestic matters at all. Where available, diversion can be an effective path to a withdrawal, particularly for first-time offenders.
Acquittal at Trial
If the Crown will not withdraw the charges and a peace bond is not achievable, the case may proceed to trial. At trial, the Crown must prove the charge beyond a reasonable doubt — the highest standard of proof in Canadian law.
Domestic assault trials often come down to the complainant’s testimony. The defence has the right to cross-examine the complainant and challenge the reliability and credibility of their evidence. Common issues at trial include:
- Inconsistencies between the complainant’s police statement and trial testimony
- Lack of independent corroboration
- Motive to fabricate (custody disputes, relationship breakdown, immigration leverage)
- Self-defence (the accused was responding to an attack by the complainant)
- Consent (in cases where the physical contact is disputed)
- Charter violations (improper arrest, unreasonable search, failure to provide right to counsel)
An acquittal is a complete vindication — the charges are dismissed and the accused has no criminal record. It requires thorough preparation and skilled cross-examination, but it is a realistic outcome in many domestic cases where the evidence is contested.
What Does Not Work
Some strategies that clients ask about are ineffective or counterproductive:
- Having the complainant call the Crown to “drop” the charges — this does not work and may be viewed as the accused pressuring the complainant, which can make things worse.
- Contacting the complainant to discuss the case — this is a breach of bail conditions and a separate criminal offence. It will result in new charges and damage the underlying case.
- Pleading guilty to “get it over with” — a guilty plea to assault creates a permanent criminal record. Many domestic charges can be resolved without a conviction. Do not plead guilty without legal advice.
- Waiting and hoping the case goes away — it will not. Criminal charges do not expire or disappear. Bail conditions remain in force until the case is resolved.
Representative Domestic Assault Results
The firm regularly achieves withdrawals and acquittals in domestic-related cases. Examples include:
- Client charged with domestic assault had charge withdrawn in Scarborough Court.
- Client’s charge of domestic assault was withdrawn at Old City Hall.
- Client charged with assault at a house party had charge withdrawn in Oshawa. The Crown had difficulty proving that the client was involved in the assault in question and decided to withdraw the charge on the day of trial.
- Client charged with assault causing bodily harm, forcible confinement, possession of marijuana, fail to comply with undertaking and fail to attend Court were all withdrawn in Newmarket Court on the day of the trial. The defence obtained information that the complainant in the case was charged with a serious assault in another domestic incident with a different person and the Crown chose to withdraw the case rather than proceed.
- Client charged with assault with a weapon, threatening death and possession of a weapon for a dangerous purpose was acquitted after a two day trial at 1000 Finch Court in Toronto.
Every case is different and the above examples are not indicative of what will happen in your case. Past results do not guarantee future outcomes.
The Importance of Early Legal Advice
The path to getting domestic assault charges withdrawn begins with the first conversation with a lawyer. Early review of disclosure, identification of evidence problems, and strategic communication with the Crown all increase the likelihood of a favourable outcome — whether that is a full withdrawal, a peace bond, or preparation for trial.
If you or someone you know is facing domestic assault charges in Ontario, contact the firm to discuss the case and the available options.