Drafting a correspondence to appeal for the dismissal of charges related to domestic violence from the Crown.
Is it possible for the victim to write a letter to have domestic charges dismissed and/or remove the conditions of no contact?
If you find yourself as the victim in a case of intimate partner violence (IPV) or domestic criminality, it is not uncommon to prefer that the accused be allowed to communicate with you and not have a criminal record. Unfortunately, since the police have chosen to press charges against them, they will be required to refrain from returning home or contacting you until the case concludes or the conditions of release are modified. This predicament creates a challenge for both the accused and the victim in many cases.
Initially, many victims attempt to contact the police officer in charge to persuade them to drop the charges. However, they are often informed that they must address the matter with the Crown Attorney’s office, which is handling the case. In such situations, victims of domestic violence may consider writing a letter to the Crown in order to provide additional context to the situation, express their desires, emotions, thoughts, and clarify what they perceive as a misunderstanding.
When attempting to have the no-contact clause modified and charges dropped or reduced, writing a letter in the form of an affidavit is the most effective approach.
To ensure that the victim's wishes are heard and that nothing they say may jeopardize their own position or harm the accused's case, it is advisable to collaborate with a lawyer in composing the affidavit. Most affidavit letters are crafted to allow victims to express themselves fully in a manner that is most beneficial to their accused partner (or ex). They may include:
The operations of each Crown Attorney's office in Ontario differ. Some may eventually reach out to victims or delegate their victim's services (VWAP) office to do so on their behalf. If a victim desires to proactively ensure that their opinion is heard as soon as possible, the most effective approach is to create a supporting victim affidavit. This sworn legal document is provided to the Crown Attorney by the victim and becomes part of the evidence in the case, which both the Crown and the Judge will consider. The accused's lawyer will also receive a copy of the affidavit through the Crown Attorney's office to aid in their defense and the preparation of forms or supporting documents for variation of the no-contact clause. If the accused is self-represented or receiving assistance from duty counsel, the Crown Attorney will also furnish them with a copy of the affidavit.
While no criminal case can ever guarantee an infallible result, the affidavit can assist victims in ensuring their relevance in the case is maximized. Additionally, it shows your partner that you are making every effort possible to assist them.
For obvious reasons, victim supporting affidavits should be created only voluntarily by fully informed victims who are not under any pressure, particularly from the accused, to do so. This decision should be made by the victim (alleged victim) after careful consideration. These affidavits serve as a valuable tool for victims in appropriate circumstances and are the most effective means of expressing their desires within the legal system.
Creating a supporting victim affidavit provides a secure and effective means of maximizing your influence on the case, tailored specifically to your desires and needs. If you are interested in creating a victim supporting affidavit, you can find more information on the following two pages:
Contact us today for a complimentary assessment.
Your future and financial well-being do not need to be put at risk. We strive to have the charges against you dropped and the conditions of your release modified, allowing for contact without the need for a risky and unnecessary trial. Our dedicated team of attorneys offers effective and affordable representation for individuals facing charges throughout Ontario, Canada. You don't have to endure separation from your spouse and family, spend exorbitant amounts of money, or face the potential for a criminal record due to an unfortunate domestic incident. Instead, entrust a highly skilled criminal lawyer to safeguard your future and protect you from the repercussions and stigma associated with a criminal record. Our comprehensive range of services includes:
- Transparent and fixed pricing
- Guidance and advice for US travel concerns
- Assistance with employment background checks
- Fingerprinting and record destruction services
- Clear objective of having charges dropped and bail conditions modified without the need for a trial
- Support with immigration matters related to your case
- Aid in suppressing Vulnerable Sector records
- Expert counsel with years of experience
Please take note:
If you are the alleged victim seeking to contribute to your spouse/partner's case, please refer to our affidavit services page here.
Regrettably, we are unable to address inquiries or provide assistance regarding US travel, immigration, employment background checks, and avoiding a criminal record for non-paying clients. This includes individuals who have already engaged other legal counsel and those whose cases have concluded. We also restrict our communication to matters pertaining to cases within the Ontario, Canada area.
Are you a lawyer? If you are defending a case involving domestic assault, uttering threats, or mischief, and require expert advice on potential defenses, case strategies, and information management, please contact us at: 647-228-5969. Kindly be aware that we do not handle cases involving legal aid certificates. All clients are exclusively served on a private retainer basis.
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