Intimate Partner Violence

Intimate partner violence means any use of physical or sexual force, actual or threatened, in an intimate relationship, including emotional or psychological abuse or harassing behaviour. Both women and men can be victims of intimate partner violence. If you or someone you know is experiencing intimate partner violence, please seek help.

Intimate partner violence crimes are often committed in an environment where there is a pattern of aggressive or controlling behaviour. This violence may include physical assault, emotional abuse, psychological abuse, sexual abuse or threats to harm children, other family members, pets and property. The violence is used to intimidate, humiliate, frighten or make victims feel powerless.

The Duluth Model: The Equality Wheel

The Duluth Model: The Power and Control Wheel

Intimate partner violence may include a single act of abuse or a number of acts that may appear minor when viewed in isolation but collectively form a pattern that amounts to abuse. Offences include, but are not limited to, homicide, assault, sexual assault, threatening death or bodily harm, forcible confinement, criminal harassment, stalking, abduction, breach of a court order and property-related offences.

When you report, we will take a number of steps.

Following the call, a uniformed police officer will come to you to investigate the situation.
If the officer has reasonable grounds to believe an offence has been committed under the Criminal Code or other act, they will lay charges. Otherwise, they will attempt to keep the peace, mediate the situation and offer advice and referrals.
If charges are laid, the abuser will be arrested and charged either at the scene or once located by police. Police will let you know once the abuser has been arrested.
The abuser will be told that it is the police laying the charges and not the victim.
You will be asked to come to the police station to participate in a video interview with a detective from the Intimate Partner Violence Unit. This video may be presented in court as evidence.
The detective will take over the investigation. They will also provide you with support and referrals to agencies that can be of assistance to your specific situation.
The detective will work with prosecutors from the Crown Attorney's office that have specific knowledge and practice around the prosecution of intimate partner violence matters.
The abuser will either be kept in custody or released with conditions. A member of the Victim Services Unit or a police officer will inform you of the release conditions.
Family and Children Services of Waterloo Region will be notified if children under the age of 16 were present during the incident, or if either involved person has access to, or are in a caregiving role for, children under the age of 16.

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Knowing ways to protect yourself is essential. If you would like assistance in developing a safety plan, contact Waterloo Regional Police Victim Services Unit or Women's Crisis Services of Waterloo Region. Please take into account the following suggestions as you plan for your safety and the safety of your children.

Living Together

If possible, leave home or call police before any violence starts.
If you need to leave your home or workplace, know the best escape routes and practice your emergency exit plans. Teach children the escape routes.
Plan where to go if you need to leave. This needs to be a safe place for you and your children in a time of crisis.
Keep your purse/wallet nearby in case you need to leave quickly.
Keep spare keys for your home and car with you or in a safe place at all times.
Keep copies of important documents and money in a safe place.
Keep a small bag of clothes packed and hidden.
Tell trusted friends, neighbours or relatives about the abuse and create a code word or signal with them to call the police if you need help.
Have a code word with your children that will let them know to leave and get help. Let children know whose house they can run to.
Let children know where the cordless phone or cell phone is and how to use them.

Living Apart

If possible, keep a charged cell phone with you at all times. Any charged cellphone will call 911. Even if you don't have a phone plan or minutes on your pay-as-you-go phone, 911 will still work.
Tell a trusted neighbour to call police if they see your spouse near the residence if there are court ordered terms preventing your spouse from being near the house.
Ensure your children's school is aware of court orders, restraining orders, custody and access orders, as well as a picture of your partner.
Accompany your children to school or the bus stop.
If possible, change your daily routines.
If possible, change your locks, install an alarm system, add window bars, secure locks on windows and doors and install outdoor lighting.
Identify people before answering the door. A wide-angle viewer can be installed in all exterior doors.

At Work

Once they are made aware of the potential of intimate partner violence in the workplace, employers are legally required to take every precaution reasonable to protect a worker at risk of physical injury.
Make your boss and or co-workers aware of the situation and ask them to call police if they see the abuser in or around your workplace. Ask them not to give out any personal information about you or your routine.
Arrange for a co-worker or security to walk you to and from your building to your car.

In a Vehicle

If a problem happens when driving, use your cell phone to call police. If you don't have a cell phone, honk the horn continuously to gain attention and drive to a police station or a well-lit, heavily populated area.
If you use public transit, try to sit close to the front by the driver. Arrange for someone to meet you at the bus stop and walk you home. Once at home, call a relative or friend and let them know you got home safely.

Do I have other options if the police do not lay charges?

Even if charges are not laid by police, you have several other options.

Peace Bond

A peace bond is a court order that requires the subject to keep the peace, be of good behaviour and obey any other specific conditions. It is not necessary to prove that a criminal offence has been committed. If you have been threatened or fear for your safety or the safety of your children, you can explain it to the justice of the peace and apply for a peace bond.

A court date will be set, the subject will be served with a summons to attend court, and a hearing will take place. The subject will be present at the hearing. A peace bond is issued if the judge believes that you have reason to fear for your safety. The subject can be bound to keep the peace and be of good behaviour for up to one year. If the person breaches a condition of the peace bond, they can be arrested and charged criminally.

Restraining Order

A restraining order is an order of the court that requires the subject to stop annoying or harassing you or your children.

To obtain a restraining order under the Family Law Act, you should attend the Family Court/Superior Court of Ontario at 85 Frederick Street, Kitchener. You may need the assistance of a lawyer, but an intake worker and duty counsel will be available to assist you. The matter will be scheduled for court depending on the urgency and availability of a judge. Police cannot assist in obtaining this type of order. If the order is breached, report the breach to the police immediately, and charges may be laid.

Private Complaint

The victim of any crime can make a private complaint. You may go before a justice of the peace at the courthouse located at 85 Frederick Street, Kitchener, to request that a charge be laid on your behalf. If police were called about the incident in question, you will be required to provide the police occurrence number to the justice of the peace on duty.

Will I have to appear in court?

If the accused pleads not guilty and the case proceeds to trial, victims will receive a subpoena to appear in court. You must attend court. You should notify the intimate partner violence detective immediately if you change your address or telephone number to make communication easier.

A Crown Attorney will present the case in court. Victims in the criminal process do not need a lawyer, and it does not cost them anything. Victims will likely be required to testify at trial.

Testifying at trial can be stressful. Resources are available to support victims during the court process.

Will my children have to appear in court?

If children witnessed the incident, it may be necessary to have them testify in court. In these situations, the Child Witness Centre will assist and offer services to child witnesses that include impartial pre-court preparation, advocacy and referrals. Children are given information about how the court works and are supported emotionally throughout their court experience.

Can police help with child custody disputes?

Often, the police are called to enforce court orders dealing with the custody of children or parents' rights regarding access to the children. Even though there may be a custody order in place, the law does not give the police the power to intervene and to enforce the order. If one party refuses to grant access to children, then you need to go back to the court that issued the order.

The court may then direct the police to find and deliver a child to the person named in the order. Unless an order is obtained containing a clause specifically directing police to enforce terms of the order, the police can only respond to keep the peace and offer advice.

Non-compliance with an order must be dealt with by the originating court and through the Family Law Act or the Children's Law Reform Act.

The Intimate Partner Violence Unit of the Waterloo Regional Police Service was the first unit solely dedicated to the investigation of intimate partner violence in Canada and was launched in March 2006. The team specializes in preventing, responding to and investigating incidents of intimate partner violence. The unit also connects victims to important community supports as a partner in the Family Violence Project of Waterloo Region.

The unit continues to be a hallmark of intimate partner violence investigations providing a wrap-around, victim-centric approach focused on support, safety planning, breaking the cycle and early intervention.

Early Intervention and Prevention Team

The Early Intervention and Prevention team identifies intimate partners who are experiencing escalating disputes and intervenes with them before a criminal offence occurs. The team's goal is to increase referrals to existing community supports so that intimate partners can get the help they need. It is intended to prevent or reduce the incidence of intimate partner disputes progressing into criminality.
The team also works with Waterloo Regional Police Victim Services Unit in the early intervention peace-bond program. The program allows for certain abusers to be diverted through a peace bond process, as opposed to a criminal trial proceeding. The program has proven successful at reducing reoffending and has allowed families to reunite more quickly than through the traditional court process.
The team also monitors abusers who are designated as high risk to commit further intimate partner violence and pose a real, ongoing threat to the victim.

The Family Violence Project

The Waterloo Regional Police Service is a founding partner agency of the Family Violence Project of Waterloo Region, which was formed in March of 2006. Many of the partners, including the Intimate Partner Violence Unit, are co-located at the Camino Mental Health + Wellbeing building at 400 Queen St. South, Kitchener.

Learn more about the Family Violence Project http://www.familyviolenceprojectwr.ca

See a complete list of Family Violence Project Partners: Partners – Family Violence Project of Waterloo Region