Can the Victim Drop Assault or Domestic Assault Charges in Ontario?

One of the first questions after an assault or domestic assault charge is whether the complainant can just drop it. The question is natural, especially when the people involved are family. In Ontario the answer is no, and acting on that belief can make things much worse.

Who decides

The police lay the charge, and the Crown prosecutor decides whether it goes ahead. Prosecutors in Ontario generally ask whether there is a reasonable prospect of conviction and whether prosecuting is in the public interest. The complainant is an important witness, and their views are taken seriously, but the decision belongs to the Crown. A complainant cannot withdraw a charge the way they might withdraw a civil claim.

What if the complainant does not want to go ahead

If a complainant says they do not want to proceed, or changes their account, the Crown may still continue if other evidence exists. In domestic cases that can include a 911 recording, photos of injuries, medical records, statements to police and what the officers saw. A witness who does not attend can be required to come to court by a subpoena. The Crown may also decide to withdraw the charge or resolve it another way, such as a peace bond, which is why early legal advice matters. See our guide to peace bonds.

The risk of contacting the complainant

This is where many people get into new trouble. If you were released, your release order very often says you must not contact the complainant, even by text or through friends. Breaching a condition is a separate offence under section 145 of the Criminal Code, which carries up to two years in prison on indictment. See our guide to breaching bail conditions.

Asking, pressuring or paying someone to change their account can also be treated as an attempt to obstruct justice. Section 139(2) of the Criminal Code makes that an offence punishable by up to 10 years in prison on indictment, and section 139(3) lists dissuading a person from giving evidence by threats, bribes or other corrupt means. That is why you should not ask the complainant, or anyone else, to help the charge go away.

What a complainant can do

A complainant who wants to share their wishes can speak to the Crown's office or the Victim/Witness Assistance Program. A defence lawyer cannot give legal advice to the complainant, and the complainant should not be pushed to make a statement. A complainant who is worried about their own legal position can speak to their own lawyer.

What you can do if you are charged

1. Follow every release condition exactly, including no-contact conditions, and ask a lawyer before you change anything.
2. Do not discuss the facts with the complainant or post about the case online.
3. Keep your court dates. See our guide to missing a court date.
4. Speak to a criminal lawyer early. Disclosure, the Crown's position and possible resolutions can all be discussed once a lawyer is involved.

A lawyer can often raise concerns with the Crown, request a review of the release conditions, and explore options such as withdrawal, a peace bond or a diversion program. Each depends on the facts and the prosecutor's view. See our guide on defending domestic assault charges.

Talk to us

We act in assault and domestic assault cases in Mississauga, Brampton and across the GTA. We offer a free 15-minute phone consultation for criminal matters, and we answer calls after hours. See our assault lawyer page or call (289) 652-0529.

DISCLAIMER: This article is general information about Ontario and federal law, not legal advice, and no lawyer-client relationship is created by reading it. Laws change and every situation is different, so speak with a lawyer about yours.