Our Values. HOW TO GET DOMESTIC ASSAULT CHARGES DROPPED IN ONTARIO i did not receive a copy of the victim statement. Sexual assault and consent. Domestic violence is a crime. The government will want to know if you have been pressured by the defendant to drop the charges. In other words, since you didn't issue the charge, you can't drop the charge. Having an assault charge dropped is different than being found not guilty of assault. Find about more about duty lawyers. Crimes are governed by the State, and it's the State that issues criminal charges, not the victim. How to report a crime or incident. Businesses and organisations. Search FAQ Section. Assault Possible defences to assault charges Self-defence What do I have to show in order to claim self-defence? Most people believe that victims of crime issue the charges. This can be a legally tricky move, however. If you say you aren't interested in sending the case to trial, there's a good change the prosecutor will drop the case. Though the prosecutor decides whether to drop charges, a victim or key witness can have a significant impact on the case. Though the prosecutor decides whether to drop charges, a victim or key witness can have a significant impact on the case. ... Our drive for New Zealand to be the safest country in the world. Victim Notification Register. Additionally, if prosecuting a charge is not in the public interest, a prosecutor will not continue with the prosecution and the charge will be withdrawn. This document indicates under oath to the court that you don't wish to pursue the charges and your reasons for doing so. As you proceed through the hearings, the prosecution will continue to calculate the chances of success with the case. Source of Power to Withdraw. You are free to file a charge of rape at any time however the law is changing now if you file a charge of rape and it wasn't a rape with the new laws that are coming in to play you might find yourself doing the 20 years that you're trying to get for the person that you're withdrawing consent after the fact. This is wrong. can i withdraw a statement i made to the police on a common assault my partner did to me? What Happens If You Are Charged With Common Assault And/Or Battery The terms ‘assault’ and ‘battery’, are classed as Summary Offences under the Criminal Justice Act 1988. What you can do is contact the prosecuting D.A. Make sure you have grounds for making a motion to dismiss before you use it to have the assault charges dropped. We aim to have the trust and confidence of all - to achieve this we operate in accordance with our values. See how we can serve you better. Structure. Home > FAQ > Domestic Violence & Assault > How can I get my domestic violence charges dropped? Our Values. In other words, since you didn't issue the charge, you can't drop the charge. In a civil assault case, the plaintiff is the person claiming assault; that person may drop the charges at will.