Charged with domestic assault case? You might face a jail time or imprisonment as punishment for the domestic assault charge in Canada. Would you like to learn how to drop domestic assault charges in Canada? Then this blog will put you at ease.
When someone calls the cops for a domestic abuse investigation in Canada, they can choose if they will make an arrest. They have the power to arrest and imprison someone.
A knowledgeable domestic violence lawyer can examine each case, exclude the possibility that the accused victim is misrepresenting, and secure a favorable result for the convicted. So, it is always suggested to take the help of a lawyer.
Let’s know about the entire process below:
Process of Dropping Domestic Assault Charges in Canada?
In Canada, the process for dropping domestic assault charges varies depending on the jurisdiction and the specific circumstances of the case. The process for dropping domestic assault charges typically involves the following steps:
- The alleged victim contacts the Crown prosecutor and expresses a desire to withdraw the charges. The alleged victim may do this through their lawyer or directly with the Crown prosecutor.
- The Crown prosecutor reviews the evidence and considers the alleged victim’s request to withdraw the charges. The prosecutor must determine whether there is a reasonable likelihood of conviction and whether it is in the public interest to proceed with the case.
- If the Crown prosecutor decides to proceed with the charges despite the alleged victim’s request to withdraw them, the alleged victim may be able to request a judicial review of the prosecutor’s decision.
- If the Crown prosecutor decides to withdraw the charges, the alleged victim must provide a written statement to the court, formally withdrawing the charges.
- The court will then dismiss the charges.
It is important to note that the Crown prosecutor has discretion to proceed with the case even if the alleged victim requests that the charges be withdrawn. And it is also important to seek the guidance of a lawyer who can help you to understand the specific laws and procedures in your jurisdiction and advise you on your options for addressing the charges.
How to Drop Domestic Assault Charges in Canada?
If you want to drop the domestic violence charge, a criminal defence lawyer can assist you in dropping the charges.
Here are 5 effective ways you can drop a domestic assault charge in Canada:
Find the Correct Lawyer to Resolve Your Case
If you present your case to an inappropriate lawyer, you might face a dropped charge, a 12-week session, fines, or even imprisonment. Although a lawyer’s capacity to work differs based on the courtroom, this is a key aspect of a positive outcome.
Describe The Case’s History with a Practical approach
Describe your case record, work history, qualifications, and other histories. If the Crown determines that the “victim” have no fears that their husband or wife would hurt them again, they will dismiss the charges and permit the couple to get back together.
Persuade the Crown that the Event was not So Serious
When there are no major injuries and no use of weapons, it gets simpler to accomplish that the summary was overly dramatic.
Establish Before the Trial That There is No Chance of Conviction
The goal of a defence lawyer is to persuade the Crown that whatever occurred on that relevant day was an unfortunate event that was unusual and unintentional.
Demonstrate That the Event Was a “One-time” Incident.
Unusual personal, financial, or other may distress led to a disagreement that got out of control. For instance, if alcohol was a factor in the occurrence, alcohol counselling may benefit the convicted.
Perhaps they made a monetary choice without the victim’s knowledge, and as a result, he or they reacted harshly to each other. The convicted might find better solutions to handle such shocks in the coming days if they join anger management courses.
How Does the Peace Bond Work?
A peace bond is a restraining order issued by the court under section 810 of the Criminal Code. It is an opportunity to show that you can be relied on not to commit another violence.
It is utilized when a person looks motivated to do something wrong, but there are no solid reasons to assume it has occurred. However, the decision to grant you a peace bond rests on the crown prosecutor.
The court may set particular requirements with any peace bond to guarantee that the complaint won’t feel intimidated.
These typically involve you:
- Maintain the peace and behave properly
- Avoid contacting or visiting the person, spouse, or family and friends
- Refrain from using illegal substances or alcohol
- Be prepared to give a physical test to verify compliance
- Refrain from keeping firearms.
You may also have to provide the court with a monetary bond or other forms of refundable guarantee that they could abandon if you fail to uphold any of the peace bond’s terms. When you sign the peace bond, they will withdraw the accusations, which will expire after a specified period, generally a year.
What About a False Accusation?
For so many reasons, the cops get false domestic violence reports. Often the accuser is angry and believes they may damage your reputation by making an assault claim in a report. This vengeful behaviour may show itself in divorce and child custody disputes.
According to Statistics Canada’s report from recent years, over one in ten violent crime incidences were baseless. Based on the report, “unfounded” refers to a determination made by police investigators that the stated offence neither happened nor was committed.
Most false criminal occurrences involving violent crimes involve physical attacks, which are considered the most typical kind of violent crime.
How Do the Police Officers Take Statements?
There are several ways a police officer take the statement:
When someone speaks to a police officer, the cop records that in a notebook. To ensure that the police took correct notes, the officer may normally ask the individual to sign in the notebook.
Formal Written Statement
They frequently occur in circumstances of domestic abuse. The cop asks some questions to the victim and records the responses. The individual can check what the cop wrote at the conclusion to make sure it was properly documented, and then they sign it.
Formal Audio Statement
A cop may occasionally ask someone a question and capture their response while using a voice recording device, usually while working in rural areas. Then they provide the audio track to the Crown Lawyer and the suspect.
Formal Audio/Visual Statement
The victim visits the police station with the officer to film what the victim says and how they say it, using mics and cameras. Then they give the Crown Lawyer and the suspect access to the video file they have made.
According to section 140(1) of the Criminal Code, a person could be charged with public mischief after lying to the cop about how someone else committed a crime.
What Does No-Contact Provision Mean?
There is almost always a no-contact order placed when there is a claim of one family member assaulting another. They forbid the convicted from speaking to or communicating with the accuser in any way, and they forbid them from returning to their house. In front of a police officer, they must recover any stuff they want to recover, such as clothes and others.
A no-contact order forbids communication via calls, emails, or other electronic means, as well as in person. Also, it prohibits the convicted from communicating with the accuser through a third party. They might take you into lock up if you disobey a no-contact order.
The lawyer has the right to seek a judge to overturn or change your no-contact order.
The court will take into account the following while making that choice:
- The details of the accusations
- Does the accuser wish to speak with the convicted?
- Has the defendant ever been charged with domestic violence?
- Has the defendant ever threatened, stalked, or physically abused a partner or another person?
- Is there any concern with alcohol, drugs, or psychological problems exist?
- Does the convicted have access to weapons, including handguns?
- Has the complaint been given legal counsel on their rights?
Contact a professional family lawyer who can assist you accurately in how to drop a domestic assault charges in Canada. Because, with a lawyer, it gets easier to deal with this type of family matter.
There are law firms in your area where you can get the best lawyer by checking their reviews. So, don’t hesitate to take their help for the best outcome.
What is domestic assault in Canada?
Domestic assault in Canada refers to the use of physical force, threats, or intimidation against a family member or intimate partner. This can include spousal abuse, child abuse, or elder abuse.
What is the process for laying domestic assault charges in Canada?
The process for laying domestic assault charges in Canada involves making a report to the police, who will then investigate the allegations and, if there is sufficient evidence, lay charges.
Can a victim of domestic assault change their mind and drop the charges?
Yes, a victim of domestic assault can change their mind and drop the charges. However, it is important to understand that the decision to proceed with charges is ultimately up to the Crown, not the victim.
What is the role of the police in dropping domestic assault charges in Canada?
The role of the police in dropping domestic assault charges in Canada is to make recommendations to the Crown based on the evidence gathered during the investigation. However, the final decision to proceed with charges is made by the Crown.
Can a lawyer assist with dropping domestic assault charges in Canada?
A lawyer can assist with dropping domestic assault charges in Canada by providing advice on the legal process and by communicating with the Crown on behalf of their client.
What is the impact of dropping domestic assault charges on future legal proceedings?
Dropping domestic assault charges may impact future legal proceedings, as it may be considered an admission that the allegations were not credible. It may also impact the victim’s ability to seek a restraining order or other forms of protection in the future.
What are the risks of dropping domestic assault charges for the victim?
The risks of dropping domestic assault charges for the victim include possible retaliation by the abuser and a potential increase in violence. It is important to consider the safety of the victim and their children when deciding whether to proceed with charges.
Is it possible to proceed with a peace bond instead of domestic assault charges?
Yes, it is possible to proceed with a peace bond instead of domestic assault charges. A peace bond is a court order that restricts the behaviour of the accused and can include conditions such as staying away from the victim, not possessing weapons, and attending counseling.
Can dropped domestic assault charges be reinstated at a later date?
Yes, dropped domestic assault charges can be reinstated at a later date if new evidence becomes available.
What is the process for withdrawing a domestic assault complaint in Canada?
The process for withdrawing a domestic assault complaint in Canada involves making a request to the Crown to discontinue the proceedings. This may be done through a lawyer or directly with the Crown. It is important to understand that the final decision to proceed with charges is made by the Crown and may not be influenced by the wishes of the victim.