Can Domestic Assault Charges Be Dropped in Canada?
If you or your partner has been charged with domestic assault, one of the first questions we hear is:
“Can we just drop the charges?”
Unfortunately, it’s not that simple — and in Canada, it’s not up to the complainant to decide.
1. Why Can’t I Drop the Charges?
Once someone is charged, the file belongs to the Crown prosecutor, not the person who called the police. Even if you regret the call, want to reconcile, or don’t feel afraid, you can’t withdraw the charge yourself.
The Crown has a duty to evaluate the public interest and the likelihood of conviction — and in domestic cases, they’re often and properly cautious.
2. What Can You Do Instead?
If you’re the complainant and don’t want the case to go forward:
- You can speak to Victim Services or request a meeting with the Crown
- You can submit a statement of non-cooperation or letter of support – you are better served to get independent legal advice about this, to approach it the right and lawful way, as it may lead to a charge of obstruction of justice or mischief, in certain situations.
- You can attend with legal counsel or a representative/witness to clarify your position
Keep in mind: If you gave a police statement, changing your story can cause legal issues for you, including potential perjury, mischief, or obstruction. That’s why you should always speak with a lawyer first.
3. Can the Charges Be Dropped?
Yes — but only by the Crown. In some cases, charges are:
- Withdrawn due to lack of evidence
- Stayed (put on hold and then deemed not to have occurred after a year)
- Resolved through a peace bond or alternative measures (diversion)
Your lawyer can advocate for this by showing that the case isn’t in the public interest or lacks sufficient evidence.
4. Why You Need a Lawyer — Even If You’re Hoping for Reconciliation
Domestic cases are complex and emotionally charged. Whether you’re the accused or the complainant, a lawyer can help you:
- Navigate conditions
- Protect your rights
- Explore all legal outcomes
Learn More About Domestic Assault Charges
📞 Contact Patmore Defence for experienced help today: 403-909-4822
🌐 www.patmoredefence.com