In the Immediate Aftermath of Domestic Violence

Violence between partners (domestic violence) is a prevalent issue with serious consequences for those involved – whether it be safety and security of one spouse or the detention and criminal record of another. There are lasting negative consequences for families – be it psychological, financial or the impact on children. In 2018 alone, there were over 99,000 victims representing about 30% of police-reported domestic violence crime.

Victims of domestic violence often face uncertainty about the future. Common questions about separation, divorce, access to children, and finances arise routinely. Beyond what the future holds, victims are often confused about what happens in the aftermath of a criminal charge against a partner.

The police, the Crown, Victim Services, the Children’s Aid Society (CAS) are all involved dependent on the circumstances. In cases where violence takes place in the home, when an incident is reported to the police, the accused partner is often arrested and charged. Following the charge, the accused partner is usually not permitted to return to the family home as part of conditions that are generally sought by the Crown to protect the victim.

Victim Services works with the police to provide support. If children were present for the incident that led to the criminal charge(s), CAS is also contacted. CAS usually speaks to parents and children separately to ensure that children were not harmed and have a safe place to stay.

The accused partner may or may not be granted bail. It will depend on numerous factors the court must consider. If the accused is granted bail, the release routinely include conditions prohibiting direct or indirect contact with the victim. Where children are involved, and dependent on the circumstances, the court may include an exception for communications through third parties for the purpose of arranging access. A misconception is that partners may communicate or meet one another for the purpose of access or arranging access. This is an inaccurate understanding of the condition and may lead to further criminal charge(s) for breaching condition(s). If there are no exceptions in the conditions for arranging access, then steps must be taken through the court to change conditions.

There are numerous misunderstandings and myths about how criminal and family court approach domestic violence. Charges are taken very seriously and reconciliation between partners is no longer a private matter at this stage. The court process, the Crowns’ position, potential defences, counselling, whether there exists any history of violence, seriousness of the violence, the involvement of children among a whole host of other factors will dictate the timeline for those spouses seeking reconciliation.

If criminal charges are not laid or if the victim is further concerned about safety and security, the victim may speak to a family law lawyer to seek a No-Contact Order via Family Court. Section 46 of the FLA and s. 35 of the CLRA authorizes the court to make interim and/or final orders against any person if the applicant has reasonable grounds to fear for their own safety or for the safety of any children in his or her legal custody. Any breach of a family court order is now a criminal offence under Section 127 of the Criminal Code.