Criminal Law Affidavit · Spouse or Partner of the Accused

Has your spouse or partner been charged? Swear a professional affidavit and help the Crown understand your side.

  • Has your spouse or loved one been charged with assault or a domestic violence offence?
  • Would you like the Crown to consider withdrawing or reducing the charges?
  • Do you want to resume your marriage or relationship, or have your partner move back home?
  • Was your statement misunderstood or misinterpreted by police?

Now is your opportunity to explain your side of the story properly: calmly, and with a clear mind. Canada Notary helps you prepare a professional sworn criminal law affidavit in your own words that sets out your version of events, whether you wish to resume the relationship and why, and the outcome you are hoping for. It helps the Crown understand the full picture, and it can help:

  • Your loved one come home sooner
  • The Crown decide sooner whether to withdraw or reduce the charges
  • Support a request to change bail conditions so you can see each other and the children
  • Move the case to a resolution faster, so your family can get back to normal life

The Crown and the court make the final decisions; your affidavit makes sure they hear from you.

We know the content, structure and format needed to prepare an affidavit with the most impact, backed by over 10 years of experience with similar matters.

Don’t sit back and do nothing. This is your opportunity to help yourself and your family.

You draft it in a private, confidential session with Canada Notary using our secure self-drafting tool, review and revise it before it’s final, then swear it online or at any of our 18 Ontario offices. You or your lawyer then send it to the Crown.

$99.99Affidavit drafting, flat fee
15% offCommissioning when we draft it
Private & confidentialYour own secure session with Canada Notary
10+ yearsExperience with similar matters
Who this is for

Common reasons people swear this affidavit

When a spouse or partner is charged, the person who spoke to police often wants to add context, correct details or tell the Crown what they want. A clear, sworn affidavit is the proper way to do it.

Statement given in the moment

You spoke to police when you were upset, frightened or exhausted, and the statement left out important context or doesn’t reflect what you meant.

Details recorded wrongly

Times, words or events were misunderstood, exaggerated or written down inaccurately, and you want to correct the record truthfully.

Your wishes about the charges

You don’t want the prosecution to continue, or you would support a lesser resolution such as a peace bond, and you want the Crown to hear that from you directly.

No-contact conditions

Bail or release conditions stop your partner from contacting you or coming home, and you want to tell the court you consent to contact.

Reconciling as a couple or family

You’ve decided to stay together or resume the relationship, possibly with counselling, and you want that on the record.

Asked for it in writing

A lawyer, the Crown or the Victim/Witness Assistance Program asked you to put your account or your wishes in a sworn affidavit.

Simple, upfront pricing

What it costs

One flat drafting fee, and a discount on the notary fee when we draft it for you.

Most clients
Affidavit drafting
$99.99 + HST

A private, confidential self-drafting session with Canada Notary, a complete affidavit in your own words, and a few rounds of review and revisions before it’s sworn.

Commissioning
15% off notary fee

The notary (commissioning) fee is separate. Save 15% on it when we draft your affidavit and you swear it with us.

Online or in person
Same price

Swear it by private video call from anywhere in Ontario, or at any of our 18 offices.

All prices plus HST. One discount or promotion per visit. Lawyer consultations, court fees and copies for the court are separate.

How it works

From your statement to the Crown in four steps

Start your private session

Open your private, confidential session with Canada Notary and answer the guided questions yourself, using our secure self-drafting tool. No one else should complete it for you.

Tell your side

Explain what happened, what you want to clarify and the outcome you’re hoping for, calmly and in your own words.

Review and revise

You get a clear, professional affidavit to review and revise a few times. Nothing goes in that you don’t agree with.

Swear it and send it

Swear it online or at any office, with 15% off. Then send it to the Crown’s office, usually with your lawyer’s help.

Simple and guided

What you’ll need

Your private, confidential self-drafting session guides you step by step. Have your ID and any court paperwork handy.

1About you

  • Your basic identity and contact details

2About the case

  • General details about the charges and court date

3Your account

  • Your version of events, in your own words

4Your wishes

  • The outcome you’re hoping for
A sample (details changed)

Clear, honest and in your own words

With over 10 years of experience in similar matters, we know the content, structure and format that give your affidavit the most impact. Every affidavit we prepare uses numbered paragraphs: who you are, your relationship to the accused, the statement you gave, what you want to clarify, and your wishes about the charges and about contact. It also confirms you are swearing it freely.

We follow one firm rule: you only swear to what is true. If you don’t remember something, the affidavit says so. That keeps it honest and believable.

  • Written in your words, not ours
  • Confirms no one pressured, threatened or paid you
  • Notes your right to independent legal advice
  • States your wishes about contact and the charges
  • Clear court file and case references

AFFIDAVIT OF [NAME]

(R. v. [Accused] — Court File No. [number])

I, [Name], of the City of [City], in the Region of [Region], in the Province of Ontario, MAKE OATH AND SAY:

1. I am the spouse of [Accused] and the complainant in this matter, and as such have knowledge of the matters set out below …

2. I am swearing this affidavit voluntarily. No one has threatened me, pressured me or promised me anything to make it …

4. On [date], I gave a statement to [police service]. I wish to clarify the following parts of that statement …

9. I understand that the decision whether to continue the prosecution belongs to the Crown …

10. I wish to have contact with [Accused] and respectfully ask that the no-contact condition be varied …

Our safeguards

How we protect you, and the process

  • You must complete the drafting session yourself, in private
  • The accused can’t complete it for you, be present when you swear it, or speak for you
  • Our commissioner confirms you’re acting freely when you swear it, and will stop if there are signs of pressure
  • We only write what you tell us is true
  • Want legal advice first? We can book you a consultation with a lawyer at Avion Law
  • Your session and documents are kept confidential

Good to know before you swear it

  • Only the Crown can withdraw or reduce charges. Your affidavit is your voice in the process, not a guarantee.
  • A recorded statement you gave police may still be used in court, even if you later change your account.
  • Bail conditions stay in force until a court changes them. The accused must keep following them.
  • Swearing something false is perjury. If your original statement wasn’t accurate, speak to a lawyer before you swear anything.
  • Need support or feel unsafe? Call the Victim Support Line at 1-888-579-2888 or the Assaulted Women’s Helpline at 1-866-863-0511. In an emergency, call 911.

Canada Notary prepares and commissions documents. This page is general information, not legal advice.

Questions

Complainant affidavit: FAQ

Can I get the charges against my spouse or partner dropped?

Not on your own. In Ontario the police lay the charges and the Crown prosecutor decides whether the case continues. Your affidavit lets the Crown hear your account and your wishes in a clear, sworn form, and the Crown may take it into account, but it does not guarantee that charges will be withdrawn or reduced.

Who can swear this affidavit?

The person who gave the statement to police (usually the complainant, spouse or partner) must complete the drafting session and swear it personally. We can’t prepare it on instructions from the accused, their lawyer or their family, and the accused can’t be present in person or on video.

Can the affidavit say the incident didn’t happen?

Only if that is true. You can only swear to what you actually know and believe. Making a false statement in an affidavit is perjury, and a false report to police can be public mischief; both are serious criminal offences. If you are thinking of changing what you told police, please speak with a lawyer first.

Will this change the no-contact or bail conditions?

No, not by itself. The affidavit can state that you want contact and ask that the condition be varied, which can support a request to the Crown or the court. Until a court officially changes the condition, the accused must keep following it.

Where do I send the affidavit?

Usually to the Crown Attorney’s office handling the case (quote the court file number), and often to the accused’s defence lawyer as well. The Victim/Witness Assistance Program (V/WAP) at the courthouse can also help you pass on your views to the Crown.

How much does it cost?

Affidavit drafting is $99.99 + HST. The commissioning (notary) fee is separate, and you save 15% on it when we draft your affidavit and you swear it with us.

Can I do this online?

Yes. You draft your affidavit in our private, secure online self-drafting session, then swear it by video call from anywhere in Ontario or at any of our 18 offices. When you swear it online, you must be alone in the room.

Is this legal advice?

No. Canada Notary drafts and commissions documents. We don’t advise you on the criminal case or on what to say. We strongly recommend independent legal advice before you swear an affidavit about a criminal matter, and we can book you a consultation with a lawyer at Avion Law.

Private · Confidential · 10+ years of experience

Don’t sit back and do nothing

This is your opportunity to help yourself and your family. Start your private drafting session, review your affidavit, then swear it online or at the office nearest you.

Or email us at notary@canadanotary.ca. Want to speak to a lawyer first? Ask us to book a consultation with Avion Law.

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