How to get domestic assault, utter threats, and mischief related criminal charges dropped in Toronto (GTA), Canada. (2023)

Getting the Crown Attorney to make a deal to withdraw domestic charges in Toronto, Ontario.

“I told the police my spouse assaulted me, but now I want the charges dropped. I didn't know calling 911 would force my partner to move out of the house and have no contact with me. How do I fix this?”

We get a lot of calls from complainants (alleged victims) in domestic cases who are desperate to reconnect with their significant other. Often they called 911 during an argument without realizing it would force (via undertaking or bail) their spouse out of the home for a substantial period of time and possibly result in a criminal conviction/record.

Many victims reason that since they started the case by calling the police, they should also be able to make it all go away by saying they do not want the charges to proceed. Unfortunately, the law in Ontario states that once a charge is laid it is the government’s (represented by the Crown Attorney) decision whether the case proceeds or not. Furthermore, there are strict policies in Ontario that virtually force Crown Attorneys to proceed with charges in domestic cases. For this reason, it doesn’t work to just go back to the police station and ask for the case to be dropped immediately.

Why does the government take such a strict approach to domestic cases?

The reasoning is that if there is a history of domestic violence in a relationship there is a high likelihood that it will happen again. There is also an understanding that people who are emotionally attached to one another may underestimate or not appreciate these risks. As such, the Government takes the approach that they must protect the “victims” of domestic violence because they are unable to make the proper decisions to protect themselves.

Aggressive domestic policies apply to both minor and serious cases

People think it is crazy that simply reporting to the police that their spouse grabbed, pushed, shoved, or made some other form of contact with them (that caused no injury) can result in a criminal record and break up a family for years. The problem is that an assault (s. 266 of the Criminal Code) can be either a very serious charge or one that is relatively minor. Uttering threats and mischief (property damage) cases are also often relatively harmless. Common sense dictates that the police would use their discretion to differentiate between minor and serious cases, but the system does not work this way.

In Ontario, police use virtually zero discretion for domestic charges. If any allegation is made (often on the doorstep) that can support a conviction, charges will be laid no matter how minor.

How can a lawyer help get a domestic charge dropped (withdrawn)?

While domestic violence policies are strict, there is some room for discretion in dealing with Crown Attorneys in the GTA area. Successfully having a case withdrawn (dropped) involves a combination of the following:

  1. Getting the right Crown Attorney to make the decision on your file. Some Crowns are more willing to agree to a favourable out of court resolution than others. Taking your case to the wrong Crown can mean the difference between a withdrawn charge, and a 12 week course (PARS or Early Intervention "EI") followed by probation or jail. While the ability for a lawyer to select who to deal with varies from courthouse to courthouse, this is often the most important component to a successful resolution.

  2. Presenting the case background in a workable, mitigating way. It is always in the accused’s favour to show that they are a law abiding citizen with a good reputation, employment background, education, and history.

  3. Demonstrating that the victim wants to regain contact (and that their wishes are reasonable). The Crown will be much more willing to drop a case and allow the partners to resume their relationship if they are convinced the “victim” wants to regain contact and does not fear their spouse will harm them in the future. Factors such as the length of the relationship and a lack of prior 911 calls can be helpful in this regard.
  4. Convincing the Crown that the incident itself was not extremely serious and is described in the synopsis of the disclosure in an exaggerated manner. This is easier to do in cases that do not involve the use of a weapon or serious injuries.
  5. Proving prior to the trial date that there is no reasonable prospect of conviction and that the Crown would lose if the case went to trial. This factor does not apply to all (in fact most) withdrawn cases, but can be useful in certain circumstances.

A defence attorney will want to show the Crown that whatever happened on the night in question was a one-time incident that was atypical and

out of character


Showing why the incident was a "one-time" occurrence.

Perhaps there have been some unusual family, financial, or other stresses that caused an argument to get a little out of hand. For example, if the incident resulted from alcohol consumption, maybe the accused could benefit from some alcohol counselling (and thus prevent it from happening again in the future). Maybe there was a financial decision that was made without the accused's consent and he/she responded poorly. If the accused enrolled in an anger management course they may learn better ways to react to such surprises in the future. We want to show that the motivating factor behind the event


has been or will be properly addressed


A lawyer must make the Crown Attorney feel comfortable that their decision will not be criticized should any subsequent incidents occur. It needs to be seen as a reasonable deal given the totality of the circumstances. Proper preparation includes providing documentation that proves the relevant background information of the accused. Documents that support what steps have been or plan to be taken to resolve the relationship issues that caused the incident to occur are also helpful.

How long does it normally take to get a domestic criminal case dropped?

The time required can range from the first court appearance date to eight months (or more). It is not always possible to predict how much time the process will take in advance. Some factors that can cause delays include: problems with obtaining disclosure that are beyond the control of the defence, additional time being required to try to deal with a preferable Crown Attorney, and the amount of time necessary to complete counseling or workshops as part of the deal.

Rushing a case or dealing with the wrong person at the wrong time could mean a permanent refusal and eventual prosecution. It can be the difference between the family being reunited and the charges dropped, or a lengthy/risky trial that may ultimately result in a criminal conviction. It could also be the difference between getting a withdrawn charge or a finding of guilt and a sentence of probation or jail.

The "Pre-Trial" resolution process must be carefully calculated and executed.

Some defendants make the mistake of not properly planning the pre-trial (which simply means talking to the Crown Attorney) negotiation process and pressure duty counsel or someone else to speak with the Crown on the first court appearance date. Depending on which Crown is working that day (often the duty Crown), this may result in the file being noted up as a refusal, which can prevent them from taking a favourable new position in the future (such as to drop the case). On the other hand, it can be a good idea if the Crown working that day is someone who is good to deal with for domestic cases. We know exactly which resolution Crown Attorneys are best to deal with and who to avoid.

The "pre-trial" or negotiation process should be approached with extreme care and calculation as it is perhaps the most important component of a successful case resolution.

Our clients are typically defendants whose careers, immigration status, and future travel abilities are put at risk

While many people charged with domestic crimes are individuals with seemingly little to lose (they already have criminal records, been refused entry to the US, not working or planning to seek employment, etc.), our clients are normally being charged with a criminal offence for the first time and have worked their entire lives to build their families and careers. For them, the difference between being placed on probation or getting a withdrawn charge can have a substantial impact on their life, freedoms, and future opportunities.

Not only is every case different, so are the Crowns, policies, and procedures at each GTA area (Toronto, Peel, York, Halton, Durham) courthouse.

Each courthouse in the GTA also views domestic case factors differently and it is essential that your lawyer knows exactly how things work at the particular courthouse that your matter is being heard at. For instance, in Peel Region (Mississauga/Brampton - 7755 Hurontario Street), incidents that happen in front of children are treated with extreme seriousness versus a more relaxed approach by Toronto city courts. In York region (50 Eagle Street, Newmarket), the Crowns are highly concerned with the accused’s behaviour at the time of arrest.

Knowing which factors are potentially problematic enables us to plan effective strategies in advance to mitigate the potential negative implications. In every case, the goal remains the same: have the charges

withdrawn as quickly and easily as possible


(Video) How to unmask your accuser as a liar (and win your case in court without a lawyer)

What does a withdrawn charge mean? Does it mean the case is dropped? Is it the same as a stayed charge?

Withdrawn is the best possible case disposition (final result) for a person who is charged with a criminal offence in Canada. This does not mean they were never arrested or charged. It means that the prosecutor (Crown Attorney) did not proceed with the charges and ended the case. It is not considered a finding of guilt or a conviction. Those who have their charges withdrawn do not have to plead guilty or not guilty (or anything) before a judge in court. The word "dropped" is a slang term that mostly refers to withdrawn charges, but is sometimes also used to refer to stayed charges.

There are differences between withdrawn and stayed charges and it is always in the client’s favour to have their charge withdrawn and not stayed. A lawyer should clarify that the Crown will withdraw and not stay their client’s charge (if possible) as it is to the client’s advantage when it comes to fingerprint destruction, public perception, and US/foreign travel. This is more of an issue in the Peel region (Mississauga and Brampton) than in the Toronto or York/Durham/Halton area courts.

What does withdrawn with a section 810 or common law peace bond mean?

Another potential issue is the requirement that the accused enter into a peace bond (s. 810 or common law) as part of the deal to withdraw the charges. We always try to avoid having our clients sign a peace bond because while active it will show up on a regular criminal record check with all GTA police forces (Toronto, York, Peel, Durham, Halton, etc.). The length or term of a peace bond for most domestic cases is 12 months. In the eyes of defence lawyers, common law peace bonds are considered slightly better than s. 810 peace bonds because their authority comes from the inherent jurisdiction of the court and not the Criminal Code of Canada. It is believed to be easier to prosecute a breach of a s. 810 peace bond than a common law one, though such proceedings are rare in both instances in Ontario.

Trying to use the peace bond conditions to further a family law agenda

In some cases we have also seen victims encourage the Crown to ask the judge for very restrictive conditions as part of the peace bond for their former partner (where the relationship has broken down). This can include forbidding the accused from attending the house, the child's school, birthday parties, and other events.

A peace bond, and generally the criminal justice system, should not be used as a tool to gain an advantage in a family law proceeding. We recognize when this is the motivating factor behind an allegation and fight to either avoid the peace bond or have it contain only very lenient conditions on the accused.

Even if the charges are withdrawn, they can still cause substantial problems for the accused’s employment, travel, and future career options.

Even if domestic charges are dropped (withdrawn or stayed), the accused may still experience problems with certain employment background checks, disclosure to professional regulatory bodies, and crossing the US border as a result of just simply being charged with a criminal offence. We handle approximately 250 non-conviction cases per year and these issues are paramount to all of our clients.

Getting the charges withdrawn is the most important first step, but proactively minimizing potential problems associated with being arrested, charged, and now being labeled as someone who is known to the police is also essential. For more information about these issues, please see our article on the potential consequences of non-convictions.

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.

(Video) Facing Domestic Charges in Ontario? Do These 3 Simple Things to Get a Better Result Faster.

How to get domestic assault, utter threats, and mischief related criminal charges dropped in Toronto (GTA), Canada. (1)

call us: 647-228-5969

How to get domestic assault, utter threats, and mischief related criminal charges dropped in Toronto (GTA), Canada. (2)

call us: 647-228-5969

Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:

(Video) What is Domestic Assault

  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel

Law and Consequences
- First Offence Domestic Charges
- 911 Calls and Domestic Charges
- US Travel and Background Checks
- Get Domestic Charges Dropped
- Simple Assault Charges (s. 266)
- Release Conditions and Variations
- Immigration / IRCC Problems
- Minor Domestic Criminal Cases
- Deals and Resolutions
- Criminal Harassment Charges
- Assault with a Weapon
- Choking / Overcoming Resistance
- Sexual Assault Charges
- Failure to Comply Charges
- Early Intervention (PARS)
- Alcohol Related Cases
- YCJA Youth Assault Charges
- Recanting: Obstruction of Justice
- Victim/Witness Assistance Program
- Absolute and Conditional Discharges
- Children's Aid Society Involvement
- The Influence of Infidelity

Victim Lawyer Services
- Affidavit to Help Accused
- Victim Affidavit FAQ
- Recanting Statements

* Please note:

If you are the

alleged victim

, and are looking to help your spouse/partner's case, please see our affidavit services page here.

If you are not a paying client

, we cannot answer questions and provide assistance with U.S. travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed. We also only take calls/emails relating to Ontario, Canada area cases.

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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(Video) What is my chance of getting the charge withdrawn


Can assault charges be dropped by the victim in Canada? ›

In Canada victims do not get to drop charges against an accused. However, what they say may influence a prosecutor. Prosecutors withdraw charges when they feel that prosecuting is not in the public interest or that there is no reasonable chance of getting a guilty verdict.

Can the victim drop the charges against? ›

Who 'drops' the charge? Though the victim often reports the alleged crime to the police, they are not in control of the criminal case against the alleged perpetrator. The person in charge of the case is the prosecutor. As such, it is the prosecutor who decides whether or not to drop charges.

Can police drop assault charges? ›

Although you may have been arrested or investigated by the police for a criminal offence it does not necessarily follow that you will be charged. In fact, with an experienced criminal defence solicitor on your side, the charges may be dropped before the court date.

How do you beat an assault charge in Canada? ›

As with all criminal charges, if your lawyer can raise a reasonable doubt against the assault charges, you can be acquitted or have the charges dropped. Criminal charges need to be 'beyond a reasonable doubt,' and as such if your lawyer can place reasonable doubt against the charges, it can lead to acquittal.

How do I get charges dropped before court date? ›

There are two main ways charges against you may be dropped:
  1. Formal acquittal. ...
  2. Discontinuance. ...
  3. Lack of evidence. ...
  4. Evidence against you was illegally obtained. ...
  5. The prosecution is not in the public interest. ...
  6. To buy time to prepare for a later trial.
Jul 20, 2021

What is the minimum sentence for assault in Canada? ›

Assault with a weapon does not have a mandatory minimum sentence. Depending on the facts, the court can impose a lesser sentence, such as probation or even a peace bond. Generally speaking, the more aggravating factors that exist in a case and the greater the harm, the harsher the sentence.

How to write a letter to the Crown attorney to drop charges Ontario? ›

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,

Can I withdraw a statement made to the police? ›

If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you're worried about giving evidence, you should tell the police how you feel.

What evidence is needed for assault? ›

Otherwise good reliable eye-witness evidence or good quality photographs accompanied by descriptions of the extent of the injuries will suffice for other summary assault cases.

How do I withdraw an assault charge? ›

We take a look at how cases get withdrawn and what the law says.
The state must prove the following:
  1. the act was voluntary (called actus reus)
  2. the offender had criminal capacity.
  3. the offender was at fault through intention.
  4. the standard of proof required in a criminal matter is 'beyond a reasonable doubt'
Apr 13, 2021

Can a common assault charge be dropped? ›

If the prosecutor determines that there is no likelihood of conviction, they will likely withdraw the charges. Depending on the severity of the allegations, there are a number of ways to have an assault charge dropped.

Why do lawyers drag out cases? ›

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

How are domestic violence cases handled in Canada? ›

In Canada, the police decide whether or not to make an arrest when they are called to investigate a situation involving domestic violence. They have the authority to detain and hold individuals. The victim of a domestic violence case does not, however, have the authority to drop the charges if they so choose.

Can you get a pardon for an assault charge Canada? ›

A Canada Pardon will be granted to a person with a domestic assault charge (considered a summary offence) three years after the punishment.

Can you go to jail for domestic violence in Canada? ›

When sentencing a person for an offence in a domestic assault case, the law says the courts are to consider the domestic setting as fact that makes the offence worse. If you are found guilty of a domestic assault you can be sentenced to up to five years in jail.

Can a criminal case be withdrawn from court? ›

If however the complainant abandons the case either after reporting to the police or where the matter has been charged to court, the court may strike out the charge and discharge the defending party.

What is it called when a prosecutor drops charges after filing them? ›

legislature. If a prosecutor drops charges after filing them, it is called. C. nolle prosequi. Only $35.99/year.

How do you write a letter to a judge to dismiss a case? ›

Reiterate your trust in the defendant and your respect for the judge and their position in the matter. Not only do you want to express the defendant's regret in wrongdoing but also suggest ways in which they can better themselves and the community should their case be dismissed.

Do first time assault offenders go to jail Canada? ›

Do first time assault offenders go to jail Canada? A simple assault does not often end with jail time for first time offenders; however, you are liable for up to five years imprisonment when charged with assault.

How long does an assault charge stay on your record in Canada? ›

Summary and indictable offences

a summary offence: We destroy your record three years after you complete your sentence. an indictable offence: We seal your record five years after you complete your sentence.

How do you prove assault in Canada? ›

In the case of assault, there are only three elements to be proved.
In order for you to be found guilty of the charge of Assault, the Crown must prove the following elements:
  1. You applied force to someone;
  2. They did not consent to having the force applied to them; and.
  3. The force was applied on purpose.

Can victim ask Crown drop charges? ›

The victim may be able to help persuade the Crown to drop the charges by providing evidence or information that highlights weaknesses in their case. Often the victim is the #1 Crown witness and therefore proving the accused guilty may rely on evidence or testimony that they must provide.

How do I withdraw a charge in Ontario? ›

In practice, a charge can be withdrawn by simply writing a letter to the clerk of the court directing them not to place the information before the court. The Crown's authority to withdraw prior to plea is unfettered.

Can Crown court drop charges? ›

The Crown Prosecution Service will drop charges if they are not convinced of your guilt. They may also drop charges if they think it is in the public interest to do so or if they have doubts about your guilt and think that other evidence would be more convincing than they already have.

Can you retract a police statement Ontario? ›

A person can decide to retract or withdraw a statement that he made to a police officer. But people should know that, even if a statement gets recanted: a prosecutor can still file criminal charges against a defendant, and.

What happens after writing a police statement? ›

Once the statement has been written, the police officer will ask you to read it to check it's accurate. You can ask the police officer to read your statement to you. You will be asked to sign the statement to say that it is an accurate account of what you think happened.

How long after being charged does it take to go to court UK? ›

Time between being charged and the first hearing: 34 days. Time between the first hearing and completion at the magistrates': 9 days. Time between the sending of the case to Crown Court to the start of trial: 119 days. Time between the start of the trial and the completion of the trial: 50 days.

Do the police need evidence to charge you? ›

Before charging, the CPS must be satisfied that there is enough evidence. This means there must be a realistic prospect of conviction in relation to each accused and for each and every charge.

Do domestic abuse cases go to court? ›

Domestic violence cases may also be dealt with in a Specialist Domestic Violence Court (a type of Magistrates' Court that specialises in domestic violence cases). If the defendant is 17 and under then the case will be heard in a Youth Court, with specially trained judges or magistrates.

What is the evidence proof needed in convicting an accused? ›

It can be anything from the direct evidence of an eyewitness who saw the accused committing the crime, to the circumstantial evidence of a fingerprint found in a location connecting the accused to the victim or the crime scene.

What is the procedure to withdraw a case? ›

you have to file a withdraw petition along with affidavit to withdraw the complaint, where must be stated you have no objection if the accused person realise from the case, before the judge.

What is the procedure to withdraw a criminal case? ›

If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to ...

When may a case be withdrawn? ›

Cases withdrawn in court

Cases may only be 'withdrawn in court' by the prosecution service. This happens after the accused has been charged, but before he pleads to the charge. There can be a variety of reasons why the prosecution service might withdraw the charge against an accused.

What happens after being charged with assault? ›

If you are accused of assault, you will be arrested and taken to a police station. You will be interviewed by a police officer where questions will be put to you. You will require police station representation to ensure a fair interview takes place.

What happens if you are found guilty of assault? ›

the maximum sentence is five years' custody. if the assault is racially or religiously aggravated, the maximum sentence is seven years' custody. if the assault was committed with intent to cause GBH/wounding then the maximum sentence is life imprisonment.

How much compensation can I claim for assault? ›

The most severe injury would be compensated at 100% of the tariff rate. Then, the second more severe injury would be compensated at 30% of the tariff rate. The third most serious injury would attract 15% of the tariff amount. The maximum number of injuries you could claim is three.

Do lawyers lose cases? ›

No matter how experienced a lawyer is in litigation, there's always a possibility of losing a case. Only 5 percent of personal injury cases go to trial, meaning 95 percent of claims settle. However, at trial, the opposite happens. Only a small fraction of the lawsuits succeed, while the majority fail.

Do lawyers get to choose their cases? ›

A: Just as those facing criminal charges have the option to choose their representation, criminal defense attorneys can choose whether they represent a specific client. Public defenders, however, cannot choose the cases they are assigned unless their clients can provide their own legal counsel.

Do lawyers ever refuse cases? ›

The short answer to this is yes, an attorney can absolutely refuse to defend someone. While lawyers can refuse to defend someone, they are not likely to do so based on whether they are guilty or not guilty. You should have a good relationship with your lawyer because they are the one fighting for you.

Can you drop charges against someone before court? ›

Although you may have been arrested or investigated by the police for a criminal offence it does not necessarily follow that you will be charged. In fact, with an experienced criminal defence solicitor on your side, the charges may be dropped before the court date.

What is the Canadian government doing about domestic violence? ›

The Family Violence Prevention Program (FVPP) funds the operations of emergency shelters and transitional (second stage) housing to improve the safety and security of Indigenous women, children, families and 2SLGBTQQIA+ people across Canada, including in the North and in urban centres.

Can the victim drop assault charges in Canada? ›

In Canada victims do not get to drop charges against an accused. However, what they say may influence a prosecutor. Prosecutors withdraw charges when they feel that prosecuting is not in the public interest or that there is no reasonable chance of getting a guilty verdict.

What is the fastest way to get a pardon in Canada? ›

So, one of the most common questions we get at our law firm is, how can I get a pardon in Canada fast? Unfortunately, there is no way to fast-track your Pardon application. But, If you focus on document preparation & eligibility timing, you'll get your pardon sooner and enjoy the peace of mind that comes with it.

How much does a Canadian pardon cost? ›

Application Fee Reduction - Record Suspension (Pardon)

As of January 1, 2022, the fee to apply for a record suspension is $50.00.

How to write a letter to the Crown Attorney to drop charges Ontario? ›

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,

Can the victim contact the defendant in Canada? ›

Yes. Because no contact orders are orders made to an accused, therefore, there is nothing preventing a victim by contacting an accused person under a no contact order.

Can assault charges be dropped by the victim in BC? ›

The simple answer for this is no. In Canada, the decision to withdraw or drop charges of domestic assault is up to the Crown prosecutor, not the complainant. The complainant cannot direct the police, Crown or Courts to withdraw or drop the charges.

What is one reason prosecutors may decide to dismiss cases? ›

A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough. Or, perhaps new evidence is found which undercuts the prosecution's case against the defendant.

What crimes Cannot be pardoned in Canada? ›

There are 3 exceptions to getting a Pardon, or Record Suspension, in Canada. These include: being convicted of more than 3 indictable offences with a sentence of jail for two or more years, being convicted of a sexual assault involving a minor, and receiving a sentence of life or an indeterminate sentence.

How does an assault charge affect your life Canada? ›

A conviction for assault will have a major impact on your life. It will likely lead to both jail time and a criminal record. An assault conviction on your record can impact your employment prospects, your ability to travel and more.

Can a domestic violence case be withdrawn? ›

Advocate Sunil Kumar Bakshi

If you wants to withdraw your DV case then it can not be withdrawn because may be FIR is registered then you apply for quashing of proceeding and then apply divorce as per your Muslim custom.


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