In Ontario, if the police respond to a domestic call and find reasonable grounds to believe an assault or related offence occurred, they are legally required to lay charges. The victim cannot “choose” not to press charges, as the decision rests entirely with the police and the Crown Attorney.
When an argument at home escalates and someone dials 911, emotions are often running incredibly high. Many people in Ontario mistakenly believe that when the police arrive, the person who made the call can simply ask the officers to give a warning and leave. However, Domestic Violence & Restraining Orders in Ontario are governed by strict provincial directives. 🚨 Whether you live in Toronto, Ottawa, or Thunder Bay, all police services operate under a Mandatory Charge Policy for domestic incidents.
This policy was introduced decades ago to protect vulnerable individuals. In the past, abusers would often pressure or threaten victims into dropping the charges. By making the charge mandatory, the law removes the burden from the victim’s shoulders; it is the State, not the partner, that is laying the charge. 📝 Understanding how this step-by-step process unfolds is vital if you or a loved one are involved in a police response to a domestic dispute.
Step-by-Step Process of a Domestic Police Call in Ontario
When an emergency call regarding domestic violence is placed, local police (or the OPP) treat it as a high-priority response. Officers are trained to take immediate control of the situation to ensure everyone’s safety. Most domestic violence investigations in the province follow these standardized steps. 📋
Step 1: Arrival and Separation of Parties
Upon arriving at the residence, officers will immediately separate the individuals involved. This prevents further conflict and allows the police to speak to each person privately. 👀 They will ask exactly what happened, look for signs of a struggle (like overturned furniture), and check for visible injuries, though injuries are not required to proceed with an investigation.
Step 2: Forming “Reasonable Grounds”
The officers are looking for “reasonable and probable grounds” to believe a criminal offence occurred. An offence could be physical assault, making threats, damaging property (mischief), or criminal harassment. 🗄 If one person gives a credible statement that they were pushed, hit, or threatened, that statement alone is usually enough to form reasonable grounds under Canadian law.
Step 3: Mandatory Arrest and Laying of Charges
If reasonable grounds exist, the mandatory charge policy kicks in. The police must arrest the accused and formally lay charges. The officers do not have the discretion to simply issue a warning and leave, even if the victim begs them not to arrest their partner. 👮 The accused is usually taken to the local police station for processing.
Step 4: Bail Hearing and No-Contact Conditions
After an arrest for domestic violence, the accused is rarely released straight from the police station. They are typically held for a bail hearing before a Justice of the Peace. 🔒 If granted bail, they will almost always be placed under a strict “no-contact” order, meaning they cannot communicate with the victim or return to the family home, even to collect their belongings, without police presence.
How Much Does the Legal Process Cost?
For the victim, participating in the criminal justice system and utilizing Victim Services is completely free. However, for the accused, defending against a domestic violence charge can be incredibly expensive, as it requires retaining a criminal defence lawyer. Here is an overview of potential costs in CAD: 💸
- Bail Hearing Representation: Hiring a lawyer for a bail hearing typically costs between $1,500 and $3,500 CAD.
- Criminal Defence Retainer: A standard retainer for resolving a domestic case without a trial ranges from $3,500 to $7,000 CAD.
- Full Trial Costs: If the matter goes to a full trial, legal fees can easily reach $10,000 to $25,000+ CAD.
- Alternative Accommodations: Because of the no-contact order, the accused must often pay for a hotel or separate apartment for several months.
| Expense Type | Who Pays? | Estimated Cost (CAD) |
|---|---|---|
| Victim Services / VWAP | Free (Government Funded) | $0 |
| Bail Hearing Lawyer | The Accused | $1,500 – $3,500 |
| Defence Lawyer for Trial | The Accused | $10,000 – $25,000+ |
How Long Does the Process Take?
The initial arrest and bail hearing usually occur within 24 hours of the police arriving. However, the criminal justice process itself is very slow. 🕑 It typically takes anywhere from 4 to 8 months for a domestic violence charge to be resolved if the accused accepts a plea deal or a peace bond. If the case proceeds to a full trial, it can take 12 to 18 months in the Ontario court system, during which the no-contact order generally remains strictly in place.
Frequently Asked Questions (FAQ)
What if there are no bruises or physical injuries?
Physical injuries are not legally required for an assault charge. Under the Criminal Code of Canada, any intentional application of force without consent (such as a shove or grabbing someone’s arm), or even the threat of violence, is sufficient for the police to lay a charge.
Can the victim call the police to drop the charges the next day?
No. Once the police have laid the charge, the case is completely out of their hands and transferred to the Crown Attorney. The victim has no legal authority to cancel the charge, though they can express their wishes to the Crown through the Victim Witness Assistance Program (VWAP).
Will Children’s Aid Society (CAS) be called?
Yes, usually. In Ontario, police have a legal duty to notify the local Children’s Aid Society if a domestic violence incident occurs in a home where children reside, or if children were present during the altercation, to ensure their safety and well-being.
Can we text each other about our kids if there is a no-contact order?
Absolutely not, unless the bail conditions specifically grant a narrow exception for arranging child access through a third party. If the accused texts or calls the victim directly while a no-contact order is active, they can be re-arrested immediately for breaching their bail.
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