When will my partner’s criminal case end?
Your partner’s criminal case will end when one of these happens:
- the Crown withdraws the charges
- your partner pleads guilty
- your partner has a trial
Withdrawing charges and early intervention
The Crown cannot withdraw your partner’s charges just because you ask them to. The Crown will only withdraw the charges if:
- they do not have enough evidence to prove your partner is guilty, or
- they do not think it is in the “public interest” to continue the case
“Public interest” includes your safety, your children’s safety, and the importance of stopping family violence in our society. If the Crown thinks there is a different way to keep everyone safe and hold your partner accountable, they might withdraw your partner’s charges.
In family violence cases, court staff may ask your partner to take part in the Partner Assault Response (PAR) program.
The Crown or the Court will first ask you if you agree to your partner taking part in the program. And they will consider your response when deciding whether it is suitable.
The PAR program teaches your partner about family violence, including how to resolve conflict without violence.
In most cases, to qualify for the PAR program the following must be true:
- this was your partner’s first violent crime
- you were not seriously injured
- your partner did not use a weapon
- your partner agrees to plead guilty or sign a peace bond
If your partner enters the PAR program, staff from the program let you know. They ask you about your safety and tell you about services and supports you might need.
Sometimes your partner may be allowed to return home to live with you while they are in the program, but only if you agree. You can always change your mind later if things do not work out.
If your partner finishes the PAR program, they may get a conditional discharge or an absolute discharge. Or they may have to sign a peace bond. See Criminal court orders.
A conditional discharge means your partner is guilty and must follow certain conditions for a period of time. An absolute discharge means your partner is guilty but there is no punishment.
Pleading guilty
Your partner can plead guilty any time after they are charged.
Sometimes the Crown and your partner’s lawyer negotiate a guilty plea. For example, the Crown might agree to a lower sentence if your partner pleads guilty and completes the PAR program. Sometimes the Crown prefers this because your partner admits they are guilty without the need for a trial and witnesses.
The Crown will usually let you know that they want to make a deal for a guilty plea with your partner. They may ask you what you think.
If the Crown and your partner agree on a sentence, they will tell the judge. But the judge does not have to agree. The judge makes the final decision. See Can my partner make excuses to defend themself?
Going to trial
Instead of pleading guilty, your partner can decide to have a trial. Part 5 has more information about the criminal law process.
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