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Spousal Abuse
Withdrawing a complaint of spousal abuse
There are many reasons why a victim of spousal abuse will sometimes want to abandon legal proceedings already underway. This might lead the victim to fail to appear in court to testify, or even refuse to testify on the day of the trial. Sometimes the victim will try to stop the proceedings before the trial. What rules apply in such cases?

In this Infosheet, Éducaloi discusses these questions and the resulting legal implications.
No. Once charges are laid and legal proceedings are set in motion, there is no longer any "complaint" to speak of. The process can only be stopped by the Crown prosecutor or by an acquittal at trial before a judge. So it is incorrect to say that the victim “withdrew the complaint” in criminal matters.

In addition, when summoned to court, the victim of an offence must make an appearance and is obligated to testify. If the victim fails to appear, the Crown can ask the judge to issue an arrest warrant for this person. The victim can then be forced to show up to testify. Moreover, a victim who refuses to testify is liable for contempt of court or may be charged with obstructing justice.

However, the Crown rarely uses these two options in proceedings for spousal abuse, instead preferring to contact the victim to find out the reasons for her absence or refusal to testify.
Where a victim of spousal abuse has indicated her refusal to testify, the Crown must explain to the victim that the testimony is important if proceedings are to continue. If this person still does not want to testify after receiving this explanation, the Crown will investigate the victim. This is done in order to find out the reasons for the victim’s refusal to testify, and to ensure that the victim isn’t refusing because of threats or pressure from the accused or any family or friends.

If the victim still doesn’t wish to testify, the Crown prosecutor will simply have to accept this decision. Moreover, the victim won't face the normal legal consequences of such a refusal (explained in the previous section). In exceptional cases, the Crown prosecutor can ask the victim to give reasons for not wanting to testify, under oath, before the judge. The victim spouse can be represented by a lawyer at all times during the proceedings.
If the victim refuses to tesitfy, the Crown can no longer count on this testimony as evidence. The Crown may be able to continue the proceedings if there is other evidence proving the offence was committed, such as witnesses who saw the accused spouse hit the victim spouse, or the accused spouse's confession to the police, etc. The Crown prosecutor will have these other people testify at the trial.

If the victim spouse’s testimony is the only available evidence and this person will not testify, the Crown prosecutor must inform the court that there is insufficient evidence against the accused. The accused spouse will normally be acquitted in such a case due to lack of evidence.
Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professionnal.
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