How can you drop a domestic violence charge in Canada? Domestic violence (DV) is not a crime per se. However, it may consist of assault, uttering threats, intimidation, or criminal harassment.
When someone calls the police to report a domestic violence incident, the police will show up. The alleged victim can either press charges or let it go.
But what if the victim changes their mind after pressing criminal charges? What are the victim’s choices, then? What rights does the alleged accused have?
This article examines the law covering these scenarios to keep you informed.
The Laws Governing Domestic Violence Charges in Canada
How can you drop a domestic violence charge? It is possible to drop domestic violence charges, but the process is complicated.
The Criminal Code of Canada defines a domestic violence case as a criminal assault. Specifically, it means attempting to strike someone physically or threatening them to do so without their consent.
These actions can occur on public and private property. They apply irrespective of whether or not the alleged accused makes physical contact with the accuser.
Unfortunately, victims may not always get it right when pressing charges. The good news is that it is not impossible to get domestic assault charges dropped.
An experienced domestic violence lawyer will know how to navigate the complicated laws around a domestic violence case to help you get the best possible outcomes. They will also help you understand what to expect from the process and what types of penalties you could face if convicted. Lastly, they’ll walk you through what to do when a victim withdraws charges.
How to Write a Letter to Drop Domestic Violence Charges
Many victims ask, “How to write a letter to drop domestic violence charges (a recent letter)?”
Under Canadian law, no one can drop charges against another person. That responsibility falls to Crown Attorney, who reviews all the evidence before deciding whether to pursue a case. If Crown Attorney decides to drop charges, the matter is over. However, you must go through the court process if they do not withdraw the charges.
In most cases, alleged victims do not want to pursue charges against their abuser. They may feel trapped between wanting justice and wanting peace in their lives.
However, even in the event of a recent letter, Crown Attorney can still proceed with a case. They may choose not to proceed if they do not see themselves securing a conviction.
Crown counsel commonly withdraws domestic violence charges in the following scenarios:
- The alleged victim refuses to cooperate with the police
- The alleged victim fails to show up in court
Are you wondering, “How can you drop a domestic violence charge to be withdrawn?” It is important that you seek legal advice in Brampton from an established domestic violence law firm as soon as possible. Doing so will help ensure that you protect your rights throughout the court process.
Manbir Sodhi, an experienced Criminal Defence Lawyer in Brampton, is here to help you deal with domestic violence charges. Contact our law firm at (905) 457-2546 today.