Recorded on May 31, 2012 - This webinar looks at the legal process when criminal charges are laid in a domestic dispute. It covers the complete process, from police involvement to the resolution of the case, and what women can expect, whether they are the complainant or the accused. This webinar is produced by METRAC (The Metropolitan Action Committee on Violence Against Women and Children) as part of the Family Law Education for Women (FLEW) series. Presenters are Tamar Witelson, Legal Director at The Metropolitan Action Committee on Violence Against Women and Children (METRAC), and Karen Bellinger, legal counsel at Downtown Legal Services, a community-based, student legal clinic at the University of Toronto law school. Watch this webinar at: http://yourlegalrights.on.ca/webinar/when-charges-are-laid-domestic-dispute-what-expect

1. This webinar is brought to you by
Your Legal Rights: a website of legal
information for people in Ontario.
www.yourlegalrights.on.ca
Your Legal Rights is a project of CLEO and funded by the Law Foundation of
Ontario.

2. When Charges Are Laid In A
Domestic Dispute – What To Expect
May 31, 2012
Tamar Witelson, Legal Director, METRAC
Karen Bellinger, lawyer, Downtown Legal Services
f il l
g y g
www.onefamilylaw.ca
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3. METRAC
METRAC, 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 children
a not-for-profit, community-based organization
www.metrac.org
METRAC’s Community Justice Program
provides accessible legal information and education for women
and service providers
focuses on law that affects women, from diverse backgrounds,g
especially those experiencing violence or abuse
FLEW Family Law Education for Women in OntarioFLEW, Family Law Education for Women in Ontario
provides 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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4. Presenters
Tamar Witelson
L l Di t METRAC
Karen Bellinger
L D L l S iLegal Director, METRAC Lawyer, Downtown Legal Services
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5. Topics to be Covered
1. Police at the Scene of the Dispute
2. Victim/Witness Assistance Program
3. Bail Hearing
4. Can the Complainant Withdraw Charges?
5. Set Date Appearance in Court
6. Pre-Trial Meeting with Crown Counsel
7. Complainant Input Before Trial
8. Complainant’s Role at Trialp
9. Complainant Input After Trial
10. Peace Bonds
11. Additional Resources
Accurate as of the date of this webinar presentation: May 31, 2012
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6. E lExample
Scenario
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7. Example Scenario
Marissa 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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8. P li t th S f thPolice at the Scene of the
Disputep
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9. Police at the Scene of the Dispute
• Police will look around, ask Marissa, Paul and
neighbours questions
p
• Police will question Marissa and Paul separately
• Marissa and Paul should be honest and
ticooperative
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10. Police at the Scene of the Dispute
Mandatory 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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11. Vi ti /Wit A i tVictim/Witness Assistance
Programg
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12. Victim/Witness Assistance Programg
• Free Ontario government programFree Ontario government program
• V/WAP worker helps complainants after charges arep p g
laid:
o Explains justice system and process
P f to Prepares for court
o Provides details about bail and probation orders
o Helps with Victim Impact Statemento Helps with Victim Impact Statement
o Arranges interpreters and other accommodations
o Refers to counseling and safety resources
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13. 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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14. Victim/Witness Assistance Programg
• Police or Crown Counsel will set up contact withPolice or Crown Counsel will set up contact with
complainant
• Or call directly
o (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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15. B il H iBail Hearing
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16. 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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17. 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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18. 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 on
reasonable and probable grounds that a
domestic assault has occurred
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19. Can the Complainant Do Anything
to Help the Accused?
• Yes, complainant can write a letter to
Crown Counsel
o 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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20. S t D t A iSet Date Appearance in
Court
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21. 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 charge
o Full disclosure
o Pre-trial
o Date set for plea/Peace Bond/trial
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22. Slide 21
JC1 Photo options
Justice Coordinator, 25/05/2012

23. P T i l M ti ith CPre-Trial Meeting with Crown
Counsel
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24. Pre-Trial Meeting with Crown
Counsel
• Purpose is to determine how case will proceed
• Accused attends with lawyer• Accused attends with lawyer
o If accused accepts responsibility, then negotiate
Peace Bond or sentence
If 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 attend
o Will be contacted by Victim/Witness Assistance
Program (V/WAP) worker for input
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25. Presenters
Tamar Witelson
L l Di t METRAC
Karen Bellinger
L D L l S iLegal Director, METRAC Lawyer, Downtown Legal Services
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26. C l i t I t B fComplainant Input Before
Trial
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27. 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 worker
o Afraid of accused
o 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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28. Complainant's Role at Trial
• Complainant
o Is a witness
Gi id d tho Gives evidence under oath
o Can review statement to police
before testifying
Co Cannot look at statement
during testimony
• Crown Counsel is not lawyer
for the complainant
• Complainant may get a lawyer, but
has to pay
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29. 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

30. Complainant Input After Trial
Sentencing
• 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
probation
o “Probation” is a court order imposing conditionso Probation is a court order imposing conditions
on the behaviour of convicted person
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31. Complainant Input After Trial
Probation
• 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)

32. Partner Assault Response (PAR)
Program
• Educational counseling program
o help abusers manage anger and alter behaviour
o increase victim safety
• 16 week program• 16 week program
o 2-hour sessions
o Once a weeko Once a week
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33. Partner Assault Response (PAR)
Program
• Usually a condition of:
o Pre-sentence bail
o Probationo Probation
o Conditional discharge
o Parole
• Program completion usually required before a
peace bond or conditional dischargep g
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34. P B dPeace Bonds
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35. 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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36. 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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37. 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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38. Presenters
Tamar Witelson
L l Di t METRAC
Karen Bellinger
L D L l S iLegal Director, METRAC Lawyer, Downtown Legal Services
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39. Additi l RAdditional Resources
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40. Additional Resources
Victim 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 Prep
www.courtprep.cap p
• provides information on the Canadian legal system and prepares victims
and witnesses to give evidence
Ontario Justice Education Network
http://www.ojen.ca
Toronto: 416 947 5273
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41. Resources (General)
Law Society of Upper Canada Lawyer Referral Service
http://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 Relationship
http://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.ca
http://211canada.ca/
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42. 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 Ontario
http://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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43. 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
For more public legal information webinars visit:
www yourlegalrights on ca/trainingwww.yourlegalrights.on.ca/training