Being charged with domestic assault in Ontario is a serious and often overwhelming experience. Many accused individuals assume that if the complainant “changes their mind” or withdraws the complaint, the charges will simply disappear. That is not how the Ontario criminal justice system works.
In Ontario, domestic assault charges are prosecuted by the Crown under a mandatory prosecution policy, meaning that once charges are laid, the complainant does not control whether the case continues. However, while domestic assault charges cannot be “dropped on request,” they can be withdrawn, stayed, or dismissed under the right legal circumstances.
This article explains how domestic assault charges are dropped in Ontario, what legal strategies actually work, and why early criminal defence representation is critical.
Domestic assault is not a separate offence under the Criminal Code . Instead, it refers to an assault offence where the complainant and accused share an intimate or domestic relationship, such as:
Assault itself is defined under
section 265 of the Criminal Code
, which includes:
“The intentional application of force to another person, directly or indirectly, without their consent.”
No injury is required. Even minimal or alleged contact can result in charges.
Ontario follows a “zero tolerance” or mandatory prosecution policy for domestic violence cases. This policy exists to:
As a result:
This is why many accused individuals are shocked to learn that reconciliation does not end the case.
Only the Crown Attorney has the authority to withdraw or stay domestic assault charges.
The complainant:
However, the complainant’s position can affect the strength of the Crown’s case, making the defence strategy critical.
Domestic assault charges are typically dropped for legal, not emotional, reasons. Below are the most common and effective pathways.
The Crown must prove guilt beyond a reasonable doubt. If the evidence is weak, inconsistent, or unreliable, the Crown may withdraw the charges.
Common evidentiary issues include:
If the Crown determines there is no reasonable prospect of conviction, it is ethically required to withdraw the charges.
Credibility is central in domestic assault cases , especially when the case relies primarily on the complainant’s testimony.
Issues that may undermine credibility:
Where credibility is seriously compromised, the Crown may reassess the case.
Although the Crown can compel testimony, unwilling witnesses significantly weaken prosecutions.
If the complainant:
The Crown may conclude the case is no longer viable.
Police errors can result in the exclusion of evidence or the dismissal of charges.
Common Charter issues include:
Successful Charter motions can result in charges being withdrawn or stayed.
In some cases, the Crown may agree to withdraw charges in exchange for a peace bond under section 810 of the Criminal Code.
A peace bond:
This option depends on:
| Defence Strategy | Potential Outcome |
|---|---|
| Challenging evidence | Charges withdrawn |
| Credibility analysis | Crown reassessment |
| Charter motion | Charges stayed or were dismissed |
| Peace bond negotiation | Charges withdrawn |
| Trial | Acquittal |
A domestic assault charge was withdrawn after text messages contradicted the complainant’s timeline and police notes revealed inconsistencies in statements.
In a first-time offence with no injuries, the Crown agreed to withdraw charges in exchange for a peace bond with counselling conditions.
Charges were stayed after police obtained statements without properly advising the accused of the right to counsel.
A recantation alone does not end a case. However, recanting can:
Improperly handling recantations can expose complainants to criminal liability for public mischief, which is why legal advice is critical on both sides.
If you are charged:
Early intervention allows defence counsel to:
“Domestic assault cases move quickly, and early mistakes can be very difficult to undo. Immediate legal advice is essential.”
— Robbie Tsang, Criminal Defence Lawyer & Managing Partner
Domestic assault allegations carry consequences far beyond court:
“These cases often involve complex personal dynamics. A strategic defence must account for both the legal and real-world consequences.”
— Heather Spence, Criminal Defence Lawyer & Partner
The experienced criminal defence lawyers at Mass Tsang have successfully defended countless domestic assault cases across Ontario. From early resolution to trial advocacy, the firm provides strategic, discreet, and effective representation.
If you are facing domestic assault charges, do not wait. Early legal advice can be the difference between a charge being withdrawn and a conviction.
Contact Mass Tsang today for a confidential consultation.
Yes, but only by the Crown Attorney. The complainant cannot withdraw the charges. Charges may be withdrawn if there is insufficient evidence, credibility issues, Charter violations, or if an alternative resolution, such as a peace bond, is available.
No. In Ontario, domestic assault cases follow a mandatory prosecution policy. Once charges are laid, the Crown controls whether the case proceeds.
Charges are commonly withdrawn due to weak evidence, inconsistent statements, credibility concerns, an unwilling witness, or successful Charter motions.
Yes. In appropriate cases, the Crown may agree to withdraw charges in exchange for a peace bond, which is not a criminal conviction.
A recantation alone does not end the case, but it may weaken the Crown’s evidence and lead to a reassessment of whether the prosecution can succeed.
No. Contacting the complainant often violates bail conditions and can lead to additional criminal charges.
Yes. Domestic assault charges carry serious legal and personal consequences, and early legal advice significantly improves the chances of a favourable outcome.
