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When Charges Are Laid In A Domestic Dispute – What To Expect

May 31, 2012

Tamar Witelson, Legal Director, METRACKaren Bellinger, lawyer, Downtown Legal Services

f il l

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www.onefamilylaw.ca

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METRACMETRAC, the Metropolitan Action Committee on Violence Against

Women and Children works to end violence against women youth and childrenworks to end violence against women, youth and childrena not-for-profit, community-based organization

www.metrac.org

METRAC’s Community Justice Programprovides accessible legal information and education for women and service providersfocuses on law that affects women, from diverse backgrounds, gespecially those experiencing violence or abuse

FLEW Family Law Education for Women in OntarioFLEW, Family Law Education for Women in Ontarioprovides information on women’s rights and options under Ontario family law in 14 languages, accessible formats, online and in print

www onefamilylaw cawww.onefamilylaw.ca

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Presenters

Tamar WitelsonL l Di t METRAC

Karen BellingerL D L l S iLegal Director, METRAC Lawyer, Downtown Legal Services

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Topics to be Covered1. Police at the Scene of the Dispute2. Victim/Witness Assistance Program3. Bail Hearing4. Can the Complainant Withdraw Charges?5. Set Date Appearance in Court6. Pre-Trial Meeting with Crown Counsel7. Complainant Input Before Trial8. Complainant’s Role at Trialp9. Complainant Input After Trial10. Peace Bonds11. Additional Resources

Accurate as of the date of this webinar presentation: May 31, 2012

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E lExample Scenario

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Example ScenarioMarissa and Paul have been living together for 3 years. They have a son who is 1 year old.

p

They both work, but money is tight at the end of the month, and often that’s when they quarrel, especially when he has been drinkingdrinking.

Last week they were yelling at each other and Paul threw an empty bottle at Marissa It missed her but shattered on theempty bottle at Marissa. It missed her, but shattered on the wall.

She was shocked and a bit scared so she called 911She was shocked and a bit scared, so she called 911.

When the police heard what had happened and saw the broken glass they charged Paul with assaultglass, they charged Paul with assault.

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P li t th S f thPolice at the Scene of the Disputep

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Police at the Scene of the Dispute• Police will look around, ask Marissa, Paul and

neighbours questions

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• Police will question Marissa and Paul separately• Marissa and Paul should be honest and

ticooperative

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Police at the Scene of the DisputeMandatory Charging• based on reasonable and probable grounds

li t l d ti lt h

p

• police must lay a domestic assault charge • police will charge and arrest the “dominant aggressor”

Dual Chargingg g• both Paul and Marissa could be charged• only with police supervisor’s permission

Person who is ChargedPerson who is Charged• will go to police station for processing• likely be released on conditions• could be held until bail hearingg

Complainant• should get name and badge number of officer in charge

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Vi ti /Wit A i tVictim/Witness Assistance Programg

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Victim/Witness Assistance Programg

• Free Ontario government programFree Ontario government program

• V/WAP worker helps complainants after charges are p p glaid:o Explains justice system and process

P f to Prepares for courto Provides details about bail and probation orderso Helps with Victim Impact Statemento Helps with Victim Impact Statemento Arranges interpreters and other accommodationso Refers to counseling and safety resources

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Victim/Witness Assistance Programg

• V/WAP works with Crown Counsel

• No confidentiality with V/WAP worker or Crown CounselCounsel

• Complainant’s information may be shared withComplainant s information may be shared with accused’s lawyer

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Victim/Witness Assistance Programg

• Police or Crown Counsel will set up contact withPolice or Crown Counsel will set up contact with complainant

• Or call directlyo (416) 314-2447 (Greater Toronto Area)

1 888 579 2888 (t ll f )o 1-888-579-2888 (toll free)

http://www.attorneygeneral.jus.gov.on.ca/english/ovss/programs.asp#vwap

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B il H iBail Hearing

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Bail Hearing

• “bail” is the temporary release of accused before t i ltrial

• “bail hearing” determines if accused kept in jail or• bail hearing determines if accused kept in jail or released, maybe with conditions, before trial

• Accused must get a bail hearing within 24 hours of arrest

• Complainant should tell police if she is afraid, if accused is releasedaccused is released

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Bail Hearing

• Complainant rarely testifies at bail hearing

• Accused usually released on conditions

• Conditions usually include order for no contact with complainantp

• Officer in charge usually tells complainant when accused is released and on what conditions

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Can the Complainant Withdraw Charges?

• No, complainant cannot have charge withdrawn

• Police decide to lay a charge

P li t l h h th b li• Police must lay a charge when they believe onreasonable and probable grounds that a domestic assault has occurred

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Can the Complainant Do Anything to Help the Accused?

• Yes, complainant can write a letter to Crown Counselo If she is not afraid of accused

o If she wants him homeo If she wants him home

o Avoid discussing details of the incident

o Ask a criminal law lawyer for advice

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S t D t A iSet Date Appearance in Court

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Set Date Appearance in Court

• Accused goes to court

• Complainant does not go

• Purpose is to ensure all steps taken to resolve the chargeresolve the chargeo Full disclosureo Pre-trialo Date set for plea/Peace Bond/trial

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Slide 21

JC1 Photo optionsJustice Coordinator, 25/05/2012

P T i l M ti ith CPre-Trial Meeting with Crown Counsel

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Pre-Trial Meeting with Crown Counsel

• Purpose is to determine how case will proceed

• Accused attends with lawyer• Accused attends with lawyero If accused accepts responsibility, then negotiate

Peace Bond or sentenceIf d d t t ibilit tho If accused does not accept responsibility, then negotiate Peace Bond or proceed to trial

Complainant does not attend• Complainant does not attendo Will be contacted by Victim/Witness Assistance

Program (V/WAP) worker for input

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Presenters

Tamar WitelsonL l Di t METRAC

Karen BellingerL D L l S iLegal Director, METRAC Lawyer, Downtown Legal Services

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C l i t I t B fComplainant Input Before Trial

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Complainant Input Before Trialp p

• Complainant does not talk to Crown Counsel directly

• Complainant does talk to V/WAP workerComplainant does talk to V/WAP workero Afraid of accusedo Afraid of what

C i i t b t P B d t fo Can give input about a Peace Bond, terms of probation

Complainant does not have to talk to accused’s• Complainant does not have to talk to accused’s lawyer (defence counsel)

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Complainant's Role at Trial• Complainant

o Is a witnessGi id d tho Gives evidence under oath

o Can review statement to policebefore testifyingCo Cannot look at statement during testimony

• Crown Counsel is not lawyerfor the complainant

• Complainant may get a lawyer, buthas to pay

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Complainant Input After Trial

Victim Impact Statement

• After accused is found guilty

• Complainant tells the physical, emotional, psychological, p p y , , p y g ,financial impact of the offence

• Cannot be about the character of the accused

• Complainant can read the Statement in court, or have someone else read it

• There is no cross examination on the Statement

• Make sure Crown Counsel knows that you want to give a St t t

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Statement

Complainant Input After TrialSentencing

• If Paul is convicted won’t likely go to jail• If Paul is convicted, won t likely go to jail, because incident was minor

• Most domestic assault sentences involve probationo “Probation” is a court order imposing conditionso Probation is a court order imposing conditions

on the behaviour of convicted person

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Complainant Input After TrialProbation• Up to three years• Up to three years

• Keep the peace and good behaviour

• No contact with complainant, unless she gives written revocable consentwritten revocable consent

• Report to probation officer

• Usually required to attend Partner Assault Response Program (PAR)

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Response Program (PAR)

Partner Assault Response (PAR)Program

• Educational counseling program o help abusers manage anger and alter behaviouro increase victim safety

• 16 week program• 16 week programo 2-hour sessionso Once a weeko Once a week

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Partner Assault Response (PAR)Program

• Usually a condition of:o Pre-sentence bailo Probationo Probationo Conditional dischargeo Parole

• Program completion usually required before a peace bond or conditional dischargep g

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P B dPeace Bonds

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Peace Bonds• A court order to keep the peace, imposing specific

conditions on behaviour

• Sometimes Crown Counsel will withdraw a charge if a Peace Bond is signedg

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Peace Bonds

• in effect for up to 1 year

• Can consent, in writing, to allow contact with subject of Peace Bond

• Consent to contact can be orally withdrawn at any timetime

• Breach of Peace Bond is a criminal offence

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Peace Bonds• Available at any time, with or without a criminal charge

• Go to police or Justice of the Peace

• Must establish fear for your safety your child yourMust establish fear for your safety, your child, your property is reasonable

• May request conditions

• Keep a copy with youKeep a copy with you

• Not a guarantee of safety; part of safety plan

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Presenters

Tamar WitelsonL l Di t METRAC

Karen BellingerL D L l S iLegal Director, METRAC Lawyer, Downtown Legal Services

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Additi l RAdditional Resources

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Additional ResourcesVictim Crisis Assistance and Referral Services (VICARS)• Immediate, on-site service to victims of crime 24 hours a day, 7 days a

week• Toll-free: 1-888-579-2888• Toronto: 416-314-2447

Victim Support Line (VSL)pp ( )• province-wide, multilingual, toll-free information line providing a range of

services to victims of crime• Services available from 8 a.m. to 10 p.m., 7 days a week in 13 languages • Toll-free: 1-888-579-2888• Toronto: 416-314-2447

Court Prepwww.courtprep.cap p• provides information on the Canadian legal system and prepares victims

and witnesses to give evidence

Ontario Justice Education Networkhttp://www.ojen.caToronto: 416 947 5273

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Resources (General)Law Society of Upper Canada Lawyer Referral Servicehttp://www.lsuc.on.ca/with.aspx?id=697• Toll-free: 1-800-268-8326 • Toronto: 416 947 3330• Toronto: 416-947-3330 • TTY: 416-644-4886

Toolkit for a good Client-Lawyer Relationshiphttp://schliferclinic.com/vars/legal/pblo/toolkit.htm• Barbra Schlifer Commemorative Clinic

Ministry of the Attorney GeneralMinistry of the Attorney General http://www.attorneygeneral.jus.gov.on.ca/english/

• Toll free: 1-800-518-7901• TTY: 1-877-425-0575

Find a community legal clinic near you http://www.legalaid.on.ca/en/contact/contact.asp?type=cl

211 Canada.cahttp://211canada.ca/

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Resources (Family)

Assaulted Women’s Helpline www.awhl.org• Toll-free: 1-866-863-0511; TTY: 1-866-863-7868

T 416 863 0 11• Toronto: 416-863-0511

Legal Aid Ontariohttp://www.legalaid.on.ca/en/getting/default.asp• Toll-free: 1-800-668-8258; TTY: 1-866-641-8867• Toronto: 416-979-1446 (accepts collect calls)

Family Law Information Program (FLIP) http://www.legalaid.on.ca/en/getting/flip.asp

Family Law Information Centres (FLICs) http://www.legalaid.on.ca/en/getting/type_family.asp

Family Law Services Centres (FLSCs) http://www legalaid on ca/en/contact/contact asp?type=flschttp://www.legalaid.on.ca/en/contact/contact.asp?type=flsc

FLEW (Family Law Education for Women) http://www.onefamilylaw.ca/en/resources/

Ontario Women’s Justice Network (OWJN)Ontario Women’s Justice Network (OWJN) www.owjn.org

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This webinar was brought to you by Your Legal Rights: A website of legal informationYour Legal Rights: A website of legal information 

for people in Ontario

For more information visit Your Legal Rights at www.yourlegalrights.on.ca

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