Creating a Victim Affidavit is the number one thing a victim can do to help their spouse or partner
regain contact with the family and get their charges dropped.
Nothing Succeeds Like Success
Check Out One of Our Recent Wins
Case: R. v. T.Y.*
Charge: Domestic Assault
Result: Release Varied To Allow Contact and Return To Home
“I knew when we first spoke that I could trust you to help. My husband is home. My children can see their father again. The family is healing. Thank you." - M.Y.
* Past results are not necessarily indicative of future results and may vary according to the facts in individual cases.
When the Dust Settles and You Want Your Spouse Back
Over 50% of victims of assault by a partner or spouse come to regret their 911 call and want the charges dropped and their partner or spouse to return home.
YOU CAN'T RECANT BECAUSE YOU COULD BE CHARGED
Most assault victims have no idea how calling 911 will impact their lives, their relationships, and their family: They envision the police arriving, calming the situation, and leaving. But it doesn't work that way. Your spouse or partner will most likely be arrested, removed from your home by the police (sometimes in front of the very distraught children), be banned from contacting you or the children, be prohibited from returning home, be facing jail time and a criminal conviction that could impact their ability to retain their job, find employment or travel abroad. If your spouse or partner is in the immigration system, they may face consequences from the IRCC that impact their ability to remain in Canada.
Unfortunately, as much as you may want to, you can not just make it all go away by saying it was all a mistake. You can't suddenly claim the events that you told 911 about never took place, because if you try to take back or recant the statement you made to the police, you could find yourself charged with an criminal offence such as mischief or obstruction of justice. Lying to the police is a crime.
Prosecutors are reluctant to drop Domestic Assault charges
Domestic Assault is treated very seriously by the Crown, and prosecutors are reluctant to drop domestic assault charges. Meanwhile, the wheels of justice are turning and your spouse or partner is caught up in them, facing the possibility of up to five years in jail, fines, probation, mandatory counseling or other remedial programs, as well as other restrictions associated with having a criminal record, such as firearm bans, employment challenges, and international travel restrictions.
The best thing you can do to assist your spouse or partner is to contact us and swear an Affidavit of Non-Prosecution (also called a Victim's Affidavit).
Swearing an Affidavit of Non-Prosecution or Victim's Affidavit is the first and most important step in helping your spouse or partner to resume contact with the family, return home, and avoid a criminal record by having the charges dropped.
Getting Your Spouse or Partner Back Home Again.
Armed with you Victim's Affidavit, our Law Society of Ontario Licenced Lawyers will contact the Crown on your behalf and use it to get the Crown to consider to a variation in your spouse's or partner's criminal undertaking or bail conditions, so they can return home to the family. Typically the Crown will pay close attention to the Victim's Affidavit when making these types of decisions.
Getting Your Spouse or Partner's or Charges Dropped
Next, our lawyers will begin the process of using your Victim's Affidavit to free your spouse or partner from the grip of the Criminal Justice System. They will use it to prod the Crown into considering dropping the charges. It's at this moment a well constructed Victim's Affidavit will be most helpful to your spouse or partner.
We Protect Your Interests While Helping You Navigate the Criminal Justice System
At every step of the way, our caring Law Society of Ontario Licenced Lawyers will be there help you understand the risks and consequences of any course of action associated with navigating the Criminal Justice System as you work towards the twin goals of getting your spouse or partner back home where they belong, free of all criminal charges.
Call Us Today For Help
If you are the victim of domestic assault and want to do everything possible to assist your spouse or partner in getting back home and avoiding jail time and a criminal record, then call us now!
Speak to an Experienced Victim Affidavit Lawyer Now
The Consultation is FREE
Call (416) 400-6668 24/7