Reporting Intimate Partner Violence to Police: A Guide for Survivors

Before making your statement, mention any accessibility or accommodation requests you may have. This may include interpretation or translation services, transportation, having a support person with you, or a service animal. When possible, a Legal Support Navigator with The Journey Project can also assist you with arranging accommodations.

When you provide an audio-videotaped statement, the investigating officer will give you an opportunity to describe, in your own words, what happened. The police officer will likely ask you some specific questions to ensure they have as much information possible for their investigation.

Your statement may be used for court purposes, as it may be entered as evidence. You may be allowed to bring along a support person with you. It is best to ask the officer ahead of time if this is possible. You may want to bring water and tissues with you. You can also take along any notes you have to help jog your memory.

The police officer will likely ask you difficult, personal, or invasive questions about what happened. At this point, you may have been asked to tell the same story with the same information multiple times. The purpose of this is to ensure the police gain a full understanding of the events.

The police officer may ask you:

• The name and description of the suspect.
• Details surrounding the event (for example time, date, location).
• About events prior to the assault.
• What happened? You may be asked to give a very detailed description of the assault(s).
• Whether or not you sustained any physical injuries.
• If you got or tried to get medical treatment.
• If you share any children with the offender.
• If there were any witnesses to the incident.

The police may ask for your consent to photograph any injuries you sustained, you may be asked to provide consent for medical records if necessary, safety planning may be discussed, and an Emergency Protection Order may be completed.

If you cannot remember all the details, that is ok. If there are details you may have forgotten, or details that you remember after the interview, you can contact the investigating officer to follow up.

It is important to remember that the information provided during this statement may be used in court. If you would like to receive legal advice, the Journey Project Legal Support Service offers eligible participants free legal advice.

KGB Statement

It is important to know that police will often take KGB statements, or sworn statements, from IPV survivors if it is likely that charges will be laid. A KGB statement is a videotaped sworn statement. A sworn statement means that you promise to tell the truth. If a person is found to give a false statement, to lie, they can be charged.

Even when a sworn statement is completed, the survivor will still be required to testify if the matter goes to trial. Sworn statements are helpful for police if survivors recant, meaning they deny or take back their statement. The crown still has the option of proceeding with the matter in court.

If the police have reasonable and probable grounds to believe that IPV has taken place, they will proceed with an arrest. Reasonable and probable grounds means that there is evidence of IPV. This can include physical evidence (such as injuries, marks), CCTV, property damage, or witness statements. Police cannot lay charges of verbal abuse.

The police have a duty to investigate the matter if there is a risk to the survivor’s safety or public safety. Even if someone calls the police and changes their mind, the police will continue their investigation. In instances of IPV, if sufficient evidence exists to lay a charge, then police are obligated to lay a charge regardless of the survivor’s willingness to give evidence.

Police investigations can take time and every case is different. If you have questions about an ongoing investigation, you can contact the investigating police officer(s) to find out information about your case.

If you have safety concerns, the police can discuss safety planning options with you. This includes applying for an Emergency Protection Order or a Peace Bond. Information on these court orders can be found below.

The investigating police officer can provide information on:

• Your rights as a victim/survivor.
• How long things might take.
• What the next steps might be.
• Safety planning.
• If any charges will be laid after the investigation is completed.

People who may be involved in the investigation:

• Crown Attorney
• Other medical professionals
• Witnesses (if there are any)

The Crown Attorney, sometimes called a prosecutor, is a lawyer that works for the government. They represent the best interest of the public and are responsible for making sure that the criminal justice process is fair to everyone involved, including the accused, the complainant, and the public. They do not represent or work for the survivor in a criminal matter. In the criminal justice system,  a survivor does not get their own lawyer. A survivor can hire their own lawyer for legal advice, support, and guidance, but they cannot represent you at most court hearings. If you are interested in getting legal advice you can contact the Journey Project.

Victim Services is a voluntary, free, and confidential program that supports victims of crime throughout the criminal justice process.

Victim Services can provide:

• General information about the criminal justice system.
• Information on your specific case.
• Safety planning.
• Court preparation.
• Assistance writing your victim impact statement.
• Referrals to other community organizations and agencies.
• Emotional support and short-term counselling as you prepare to go to court.

Victim Services Coordinators cannot provide legal advice. When you initially reach out to Victim Services to request information about your case, you will likely need to provide your police file number. If you do not have one, or do not know it, they may ask you for some identifying information, like the name of the offender(s).

Under the Canadian Victim Bill of Rights, victims have a right to protect their identity. During a police investigation, the police may decide that a media release is required if there is a threat to public safety. This is an extremely rare occurrence. While your name will not be shared, details about the offender and the incident or incidents may be released. A publication ban is a court order that prevents anyone, including the media, from publishing or sharing information that could identify the victim. Publication bans are almost always used in matters where children, youth, and other vulnerable people are involved.

Generally, a media release may be issued if:

• There is a risk to public safety.
• Information from the public may help the investigation.
• It may encourage more victims/survivors to come forward.
• An arrest has been made.

A charge is laid if the police have completed their investigation and have collected enough evidence to formally accuse a suspect(s) of committing a crime. The police will send their file to the Crown Attorney’s office. The Crown Attorney’s office will then take over the file.

The person(s) charged (now “the accused”) will either be released back into the community or remain in custody (e.g. jail) until the case is finished.

If the accused is released back into the community, the court may place them on conditions (i.e. rules) they must follow. For example, the accused might be ordered not to have any contact with you, or other people connected to the case.

An accused person can make an application to the court to vary their conditions. This means they would be asking the court to make changes to the rules they are required to follow. If this happens, you have the right to know about it.

If the accused is released into the community and you fear for your safety, there may be some options available to you.

When a complainant fears for their safety, an Emergency Protection Order (EPO) may be issued. An EPO is an immediate and  emergency court order handed down by a judge in situations where IPV has occurred. EPOs are issued under the Family Violence Protection Act. Because of its emergency nature, the police can help you with an EPO application when possible. EPOs can be requested/granted 24-hours a day, 7 days a week. Applications can only be made with the victim’s consent.

An EPO can allow police to remove the accused from the home, take away any firearms or weapons they have, give you temporary custody of the home and the children, and any other conditions the court thinks are necessary. EPOs can only be granted for a maximum of  90 days.

To be eligible to apply a person must:

•   Live or have lived with the respondent in a conjugal (i.e., married-like) relationship (regardless of marital status, includes same-sex couples), or;
•  Have one or more children with the respondent regardless of whether they have lived together.

Police may apply for an EPO by fax any time or in person at Provincial Court during regular Court hours. Police have access to the on-call judge any time.

Lawyers may apply for an EPO by fax or in person at Provincial Court during regular Court hours. Lawyers do not have access to the on-call judge and cannot fax applications after hours.

You can apply for an EPO yourself in person at Provincial Court during court hours. When you file in person you must swear to/affirm the information – this means you swear that the information you are providing is true.[2]

Unlike an EPO, a peace bond can protect you from anyone that you believe will harm you, your child/ren, or your property. A peace bond is a court order under section 810 of the Criminal Code. It requires that someone “keep the peace” for a certain length of time and follow any other conditions of the peace bond. This might include conditions around how, when, or if they can contact you, if they are allowed in certain locations, or it may mean they are not allowed to have weapons, or some other condition.  A peace bond can be valid for up to 12 months, however they are not monitored by the police. Police only become involved after a peace bond is breached.