My spouse wants me to move back home and regain contact. She/he went to the Victim/Witness Assistance Program (VWAP) at the courthouse and they encouraged him/her not to support me?

Sometimes the complainant regrets calling the police and wants their spouse's charges dropped. Will victim services help?

While some people who work for the victims’ services offices (officially now known as the Victim/Witness Assistance Program or VWAP) are helpful, others are sometimes reported to be rude, unfriendly and unhelpful to victims wishing to reconnect with their spouses.

Some workers make untrue assumptions about domestic cases, such as:

1. That the complainant is always put in a serious risk
2. That the accused is dangerous and responsible for the incident/did something wrong
3. That the victim is brainwashed by the accused
4. That your spouse “will hit you again” or that things will escalate in the future - note: many domestic cases do not involve any "hitting" whatsoever

In reality, many domestic incidents result from relatively minor events that result in no injuries and get blown out of proportion. The victims' services offices can be helpful in communicating to the Crown on behalf of the victim that they wish to resume the relationship and have contact again, however they may be reluctant to do so (and sometimes try to convince the victim not to resume the relationship).

Why are all domestic cases assumed to be serious?

Part of the problem is that the charge categorizes both minor and serious/dangerous cases as the same offences. An assault could be several punches in the face (which is serious), or merely the grabbing of an arm (which is not).

When singer Chris Brown was accused of hitting Rihanna, Oprah Winfrey declared on television “he will hit you again”. These knee-jerk, unfounded, politically correct reactions are the reason governments support no contact clauses and criminal charges for often minor, first time incidents that involve very little, if any, physical contact, threatening statements, or damage to property. Some people find that some employees (not all) of victims' services offices promote the view that the parties should remain apart regardless of the circumstances.

The police have virtually no discretion because of government policies

Minor cases lead to charges because police in the GTA have no discretion on domestic calls. Many police even warn complainants before taking statements that they have no discretion whatsoever in domestic cases. Even if it is just a grab, shove, minor threat, or damage to property, they are required by government policies to charge someone. These policies result in an enormous amount of domestic criminal charges and families being broken apart for trivial reasons.

Once the charge is laid, the case must go to court. Any domestic court case is also relatively difficult because the Crown Attorney (prosecutor) also must follow similarly aggressive prosecution policies. Fortunately, with the right approach these cases can sometimes be withdrawn, however it is not usually a quick or easy process.

There is also a very fine line in terms of the seriousness of the allegation where Crowns will simply not withdraw a domestic assault, threats, or mischief charge if they feel there is a reasonable prospect of conviction (RPG) regardless of the background, mitigating factors, and history or the relationship between the "victim" and the accused.

If you are the alleged victim and wish to help your spouse or partner with their case by creating an affidavit, please see here.


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.





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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