• Intimate relationships include those between the opposite sex and same sex partners. These relationships vary in duration and legal formality and include current and former dating, common law and married couples.

Note: There are other individuals within the household that may suffer domestic / family abuse. This information, however, focuses on abuse within intimate relationships.

What is domestic violence?

• Domestic violence includes the use or threat of physical or sexual force, including emotional, or psychological abuse, or harassing/threatening behaviour directed between partners with whom there is (or has been) an intimate relationship.
• Criminal Code offences include but are not limited to:
• Homicide
• Assault
• Sexual assault
• Threatening death or bodily harm
• Forcible confinement
• Harassment/stalking
• Abduction
• Break and enter
• Other property-related offences
• With domestic violence, the offence can range in severity from a slap to a homicide.
• These crimes are often part of a pattern of assaultive and or controlling behaviour, such as economic control and social isolation. Threats can often include harming other family members, pets and property. The violence is used to intimidate, humiliate or frighten the victims and make them feel powerless.

Do charges always have to be laid?

• It is the policy of the Halton Regional Police Service to place a high priority on responding to incidents of domestic violence and to conduct vigorous and complete investigations.
• Guided by a Pro-Charge Policy, the Halton Regional Police Service will support victims through a coordinated community response designed to improve their quality of life. The Service will work in committee partnership with community agencies, service providers and other government agencies to achieve this goal.
• The Pro-Charge Policy requires officers to lay charges in all incidents of domestic violence where reasonable grounds exist to do so.

What are reasonable grounds?

• Reasonable grounds are a set of circumstances which would satisfy an ordinary, cautious and prudent person that there is reason to believe an offence has been committed. The belief must go beyond mere suspicion.
• Reasonable grounds can be established by obtaining witness statements, the existence of physical injuries and/or other physical evidence such as damaged or broken furniture or other signs of a disturbance.

What happens if the police are called?

• Police may be involved in the following manner:
• As a result of a 9-1-1 call
• You report it to the police by telephone or in person
• A witness to an event may also contact the police
• Initial response:
• Responding officers will conduct a thorough investigation and a report will be submitted
• If the officer has reasonable grounds to believe that an offence has occurred, the suspect will be arrested and a charge or charges may be laid
• If the suspect is not present, attempts will be made to locate and arrest the accused
• If the accused can not be found, an arrest warrant will be obtained. The victim will be advised once the suspect has been arrested.

It is police who lay charges not the victims of the domestic violence

What happens when the police lay a charge(s)?

• Following an arrest, the accused may be released on a form called an Undertaking or Recognizance. This means that the police place the accused on conditions that you would be notified of and that the accused must obey while awaiting trial.
• These conditions often include no contact with the victim and not to attend the residence of the victim even if the residence is the matrimonial home or shared residence.
• The police may decide to hold the accused for a bail hearing.
• The victim does not have to attend the bail hearing. In certain circumstances, however, the officer may request that you attend the court for a bail hearing. The court may decide to hold the accused in custody until the trial or may release the accused on conditions similar to those of an Undertaking.
• The victim will be notified of the release of the accused and of the conditions that are in place.
• When a charge has been laid, the case will be prosecuted by a lawyer from the Crown Attorney’s office at no cost to the victim.
• Once a charge has been laid, neither the police nor a victim can withdraw the charge.
• If the case goes to trial, you will be required to attend court and, if necessary, give evidence.

What happens if an accused is convicted?

• If the person is convicted of a crime they might receive a custodial (jail) sentence and/or be placed on a Probation Order.
• You may feel that certain conditions need to be in place to keep you safe such as no contact and staying away from your residence, work and school. You will have the opportunity to complete a victim impact statement prior to sentencing. Assistance will be provided by the Victim Witness Assistance Program.
• You may also receive a copy of the Probation Order outlining the conditions imposed upon the accused.
• It is a Criminal Offence for the accused to breach (break) any of the conditions outlined in the Probation Order and breaches should be reported to the police.

What is the Victim Witness Assistance Program (VWAP)?

• The Victim/Witness Assistance Program serves victims who are involved in a judicial process as a result of being a victim of a crime
• It provides information about the criminal and family court systems, court accompaniment where requested, relays information to the office of the Crown Attorney and undertakes victim advocacy. It also informs victims of the outcome of hearings and monitors the processes.

What else happens when the police are involved?

• Your safety and that of any children will be discussed with you.
• If you require a place of safety or a shelter, an officer will advise or assist you.
• You will be asked to provide a statement about the incident, preferably on video.
• If you have suffered an injury, photographs of the injury will be taken with your consent.
• Photographs may also be taken a few days later as more bruising occurs.
• Police may take photographs of other evidence such as destruction of furniture, the home, vehicle or other damage done.
• If there are children in the household that witnessed the abuse they may be interviewed. This is done with great care and skill to minimize further stress on the children.
• The Children’s Aid Society will be notified of the occurrence so that they may offer you assistance.
• When charges are laid, the victim will be contacted by the Halton Regional Police Service's Domestic Violence Safety Coordinator to determine the need for a safety plan and other safety information. The Victim Safety Coordinator will also offer advice on where to obtain various services in the community such as shelters and counselling.
• Where charges are not laid, the victim may be contacted by the Halton Regional Police Service's Victim Services Unit to offer advice on where to obtain various services in the community such as shelters and counselling.

Will my immigration status be affected if I’m not a citizen or landed immigrant?

• Your immigration status in Canada will NOT automatically be affected by police intervention for domestic violence.
• If you have any questions concerning your status, call the Canadian Immigration Office Inquiries Line at 1-888-242-2100 or get independent legal advice from a lawyer specializing in Immigration Law.

What if I have a child custody dispute?

• If you and the accused have children together, you are both entitled to custody of them. If you cannot agree on a custody arrangement, you may apply to the Family Court for interim (temporary) or full custody.
• The police are often called to enforce court orders dealing with parents’ rights of access to their children.
• Even though there may be an order in place allowing for visitation, the police do not have the power to intervene and enforce the order unless specifically directed by the court to do so.
• In order to take action such as apprehending and delivering a child, police will need a valid (i.e.: stamped or certified copy) court order that clearly authorizes them to take action.  If in doubt, police may seek clarification from the Family Court.
• If one party refuses to grant access to children, then you need to go back to the court that issued the order. Unless an order containing specific information is obtained, the police are only able to respond to incidents where access is denied and to keep the peace.
• Non-compliance with an order must be dealt with by the originating court and through the penalty section of the Family Law Act or the Children’s Law Reform Act.

What if I think charges should be laid but the police don’t?

• When police officers DO NOT form reasonable grounds to believe that an offence has been committed and no charges are laid, the victim of the crime may make a private complaint if they disagree.
• Individuals may go before a Justice of the Peace to request that a charge be laid on their behalf.
• You will be required to provide a police occurrence number to the Justice of the Peace.

How do I get a Restraining Order?

• Section 46 of the Family Law Act states that a Restraining Order is an order or direction issued by the Ontario Court of Justice Family Division. It can stop a spouse or former spouse from molesting, annoying, harassing or communicating with his or her spouse, former spouse or the children in his or her lawful custody.
• To obtain a restraining order you should consult with a Family Court lawyer. The police cannot assist you in obtaining this type of order.
• You should contact the police for help once you have an order and believe the order is being breached.

What is an Exclusive Possession Order?

• If you are legally married, or share property ownership with the accused, you may apply for an order from the Family Court which may give you exclusive possession of the matrimonial home. This will allow you to keep your partner off the property and gives you the right to keep your partner out of the home.
• Seek legal advice to obtain an Exclusive Possession Order.