In many domestic assault cases, the complainant later decides they no longer want the accused to be prosecuted. Whether it’s due to reconciliation, a change in perspective, or concerns about how the charges will affect family life, one of the most common questions asked is:
Can domestic assault charges be dropped by the victim in Canada?
The short answer is no—not directly. Once a domestic assault charge has been laid, the decision to proceed or withdraw lies entirely with the Crown prosecutor, not the alleged victim. This is a key part of how Canada handles domestic violence cases and reflects the seriousness with which the justice system views allegations of intimate partner abuse.
This article will explain why the victim cannot drop the charges, how the process works, and what role the complainant actually plays once the case is in motion.
Why Can’t the Victim Drop Domestic Assault Charges?
In Canada, domestic assault is considered a criminal offence against the state, not just the individual. As a result, once police lay a charge, the case becomes a matter of public interest, and the Crown attorney becomes responsible for deciding whether or not to pursue prosecution.
This policy exists for several reasons:
- To protect victims from coercion or intimidation
- To prevent repeat offences
- To maintain public confidence in the justice system
- Because domestic violence is viewed as a broader societal concern
The idea is that victims may feel pressure—emotional, financial, or even physical—to recant or withdraw their statements. Removing the decision from their hands is intended to protect them and ensure the justice system functions independently.
What Role Does the Victim Play in the Process?
Although the victim cannot drop the charges, they still play a central role in the case. Their cooperation, credibility, and willingness to testify can influence how the Crown proceeds.
Here’s how:
- The Crown may assess whether the complainant wants to participate in the trial
- They may consider whether the complainant’s version of events has changed
- If the complainant is unwilling to testify, the Crown may have difficulty proving the case
- However, the Crown can issue a subpoena to compel the complainant to testify in court
It’s important to note that recanting a statement or refusing to testify does not guarantee that the charges will be dropped. In fact, doing so can sometimes expose the complainant to legal risk, especially if the court believes false statements were made.
Can the Crown Drop the Charges?
Yes, but only under specific circumstances. The Crown will only consider withdrawing a domestic assault charge if:
- There is insufficient evidence to proceed
- The complainant is unwilling or unable to testify, and no other evidence exists
- There are credibility issues that raise doubt about the likelihood of conviction
- There is a viable alternative resolution, such as a peace bond
Even then, the Crown must weigh these factors carefully. In many cases, they will proceed to trial even if the victim doesn’t want them to—especially if the accused has a prior history of violence or the allegations are severe.
What Is a Peace Bond?
A peace bond is a court order that requires the accused to comply with certain conditions (such as no contact with the complainant or attending counselling) for up to 12 months. It is not a criminal conviction, and if the accused abides by the conditions, the case can be resolved without a trial or criminal record.
Peace bonds are sometimes used when:
- The complainant doesn’t want to testify
- The Crown believes there’s some risk but doesn’t have a strong case
- The accused has no prior criminal history
While entering into a peace bond doesn’t mean the charges were “dropped” by the victim, it is one of the most common non-trial outcomes in domestic assault cases.
Can a Statement Be Retracted?
In theory, yes—a complainant can approach police or the Crown to revise or clarify their original statement. However, this can be legally risky.
- If the new statement contradicts the original, it may be seen as false or misleading
- The Crown may question the motivation behind the change
- In extreme cases, the complainant could face perjury charges if it appears they lied under oath
If a complainant wishes to recant or modify their statement, they should consult a lawyer. It is crucial to ensure that the process is handled properly and does not unintentionally result in legal trouble.
The Importance of Legal Representation for the Accused
If you’ve been charged with domestic assault, do not assume the charges will be dropped just because the complainant no longer wants to proceed. You still face significant legal risk, and a conviction can have lasting consequences on your employment, reputation, travel, immigration status, and access to your children.
A skilled criminal defence lawyer can:
- Advocate for your release at your bail hearing
- Negotiate with the Crown for withdrawal or peace bond resolution
- Challenge the credibility of the allegations
- Build a strong defence if your case goes to trial
Early legal advice is essential to avoid missteps and protect your rights from the outset.
Schedule a Free Consultation with Lichtman Law
Domestic assault charges are complex and emotionally charged—especially when the complainant wants to walk back their initial report. At Lichtman Law, we’ve helped countless individuals facing domestic assault charges navigate the system, challenge the evidence, and work toward the best possible outcome.
Whether you’re looking to resolve the case without trial or prepare a strong defence in court, we’re ready to help.