WHAT IS DOMESTIC VIOLENCE?
Domestic violence allegations are some of the most common charges dealt with in Ontario criminal courts. Police departments and Crown prosecutors take allegations of domestic violence very seriously. Domestic offences include more than just spousal assault, and may not involve physical violence at all. What is considered domestic in nature is solely at the discretion of the Crown. In additional to assault some common domestic violence offences include:
Unlawful confinement (e.g. physically preventing a family member from leaving a residence),
Mischief (e.g. intentionally damaging a family member’s property),
Uttering threats (e.g. threatening to kill or physically harm a family member),
Sexual assault (e.g. non-consensual physical touching of a sexual nature), and
Criminal harassment (e.g. stalking a person by repeatedly following them from place to place) and making harassing telephone calls.
WHAT DO POLICE DO WHEN THERE IS A COMPLAINT OF DOMESTIC VIOLENCE?
Police officers often have limited discretion when they are deciding whether to lay charges. Many police services have formal or informal policies that require charges to be laid whenever a family member tells the police that they have been assaulted by another family member. As a result, when there is an allegation of domestic violence, the accused person will usually be arrested by police, and will usually be charged.
Although the police may ask the family member whether they are interested in proceeding with charges, ultimately, it is not the family member’s decision whether charges are laid. It is up to the police whether the person is charged, and it is up to the Crown prosecutor whether the charges proceed in court. The police can lay charges even if the family member does not want charges to be filed.
WHAT SHOULD I DO WHEN POLICE WANT TO SPEAK WITH ME ABOUT A DOMESTIC VIOLENCE INCIDENT?
Always speak to a lawyer prior to discussing the allegations with the police. It is common for police to invite you tell “your side of the story” prior to laying a charge. A criminal defence lawyer can assist you in understanding your legal rights and responsibilities prior to speaking to police. Even if you are innocent, statements made to police can impact your defence.