05-04 Intimate Partner Violence Flashcards
What is the Rationale?
The Toronto Police Service (Service) recognizes that intimate partner violence is a serious social problem, and is not limited or restricted by marital status, sexual orientation, occupation, vulnerability, age or gender. The Service also views intimate partner violence as a preventable crime.
The goal of the Service is to:
reduce the incidence of intimate partner violence and homicide in the community through education and enforcement;
thoroughly investigate all intimate partner violence and intimate partner incidents, and bring offenders to justice wherever possible;
enhance the safety of victims through prompt action including referrals to other community partners; and
build effective partnerships with community support agencies to ensure a victim focussed response.
Supervision -
Supervisory Officer attendance mandatory
all intimate partner violence calls
when the suspect/accused/victim is a member of this Service
when the suspect/accused is a member of another police service Supervisory Officer notification mandatory
Intimate Partner Violence Investigator (IPVI) or Officer in Charge notification mandatory when attending or investigating intimate partner violence and a supervisor is unable to attend
Divisional Investigative office mandatory notification where REASONABLE GROUNDS exist and the suspect has left the scene
Procedure - Calls for Service - Intimate partner violence and intimate partner incident calls for service SHALL be treated with the same priority as
other life threatening calls. The safety of the victim and dependents requires prompt and efficient response to all calls and the Service SHALL respond even when the original call for service is cancelled.
Procedure - Calls for Service - When a person attends a division to report intimate partner violence or an intimate partner incident the division receiving the complaint SHALL be responsible for the
initial investigation and submission of an eReport. If the offence did not occur in the division receiving the complaint, assistance may be obtained from the appropriate division to conduct the follow-up investigation.
Procedure - Calls for Service - If assistance is not obtained or is not available, the division receiving the report will thoroughly investigate the allegation. At no time SHALL a reportee be directed to attend
a different unit or location to report intimate partner violence or intimate partner incident.
Procedure - Calls for Service - When responding to a third party call for service regarding intimate partner violence or an intimate partner incident, the complainant SHALL be
interviewed to ascertain all relevant facts. The eReport SHALL include the information received from the third party interview.
Victims and Witnesses without Legal Status -
Victims and witnesses of crime SHALL not be asked their
immigration status, unless there are bona fide reasons to do so.
Victims and Witnesses without Legal Status -
Victims and witnesses of crime SHALL not be asked their
immigration status, unless there are bona fide reasons to do so.
Charges -
Police officers SHALL fully document their response to every intimate partner violence and intimate partner incident call, regardless of whether a criminal offence has been committed or a charge laid/an arrest made. Charges SHALL be laid in all cases where REASONABLE GROUNDS exist, and the decision to lay charges SHALL not be influenced by factors such as:
marital status of the parties;
disposition of previous calls for police service;
victim’s unwillingness to attend court;
likelihood of obtaining a conviction;
denials of violence despite contrary evidence;
fear of reprisals by the accused;
occupation of the victim/accused; and
immigration status of the parties.
Charges - When a criminal offence has been committed and no charge is laid (e.g., offender is deceased, offender has diplomatic immunity, offender in foreign country, etc.), officers SHALL
document the incident, event number, and reasons for no arrest/charge in an eReport.
Charges - In addition to investigating and taking action in relation to any new criminal offence, prompt enforcement action SHALL be taken in all cases in which there is any breach of:
a Bail condition;
a Probation Order, Parole or Conditional Sentence;
a Recognizance to Keep the Peace (S. 810);
a Restraining Order (Family Law Act and Children’s Law Reform Act);
an Exclusive Possession Order (Family Law Act);
the Trespass to Property Act; or
any other court order.
Charges - Intimate Partner Violence Investigators (IPVI) SHALL take the lead role in all intimate partner violence investigations except in the following circumstances where:
the incident involves an allegation of sexual assault, a IPVI SHALL be designated as the lead investigator, but SHALL work in consultation with an accredited sexual assault investigator;
the incident involves death, the investigation SHALL be assigned to Detective Operations - Homicide and Missing Persons Unit;
cases involving criteria offences as defined in the Ontario Major Case Management Manual, the investigation SHALL be assigned to an accredited Major Case Manager; or
the incident involves a young person a IPVI SHALL be designated as the lead investigator, but SHALL work in consultation with an officer assigned to youth investigations
Domestic Violence - Risk Management – Ontario Domestic Assault Risk Assessment (DVRM/ODARA) - The Domestic Violence Risk Management – Ontario Domestic Assault Risk Assessment (DVRM/ODARA) is a report that SHALL be
completed for all intimate partner violence occurrences.
Domestic Violence - Risk Management – Ontario Domestic Assault Risk Assessment (DVRM/ODARA) -
Only an accredited IPVI, who has received the ODARA training and received a certificate from Waypoint Health Center SHALL complete the DVRM/ODARA.
Should be used as a tool to assist officers, supervisors and Crowns in managing intimate partner violence investigations and identifying risk factors that may exist in an intimate partner violence case.
Victim participation in completing the DVRM is optimal and strongly encouraged
- every effort should be made to improve relationships, build trust with the victim and promote victim participation,
- however, an uncooperative or incapacitated victim does not preclude you from completing the report, as other sources of information are available.
It is important that the accredited IPVI conducting the investigation understands the purpose of each question and is able to assess and manage risk. They must make sure the victim has a good understanding of the question in order to get the required information.
The DVRM/ODARA must be completed and in the crown brief for the bail hearing.
Safety - Recognizing that the safety of victims, witnesses and police officers is a priority due to the high risk inherent intimate partner violence situations, officers must use ______when responding to intimate partner violence and intimate partner incident calls. A minimum of______ to all intimate partner violence and intimate partner incident related calls for service. Officers SHALL _______. The first officer to arrive on scene should be prepared to ______ in emergent circumstances.
extreme caution, two (2) officers SHALL be dispatched, remain at the scene until satisfied that the safety risk to the victim is minimized, act prior to the arrival of a backup officer
Incidents Involving a Member of a Police Service -
Members SHALL initially consider whether the intimate partner violence situation being investigated may fall within the mandate of the Special Investigations Unit (SIU). If so,
responding members SHALL comply with the relevant sections of Procedure 13–16.
Incidents Involving a Member of a Police Service - All allegations arising from an intimate partner violence situation in which the suspect/accused is a member of another police service SHALL be
reported in a timely manner to the Duty Officer of that police service by the Unit Commander of the Service division handling the investigation, or by the Duty Senior Officer – Toronto Police Operations Centre (Duty Senior Officer).
Incidents Involving a Member of a Police Service - Intimate partner violence situations within the City of Toronto where the suspect/accused is a member of this Service will be initially investigated by
the responding division in compliance with this Procedure. The Unit Commander / Duty Senior Officer SHALL notify Professional Standards (PRS) who will assume the role of case manager. Divisional personnel SHALL assist PRS, as required.
Incidents Involving a Member of a Police Service - Professional Standards is designated as the Service liaison with other police services regarding Service member–involved intimate partner violence occurrences outside the City of Toronto, and SHALL be
responsible for submitting a TPS 901 in compliance with Procedures 13–02 and 13–03.
Incidents Involving a Member of a Police Service - Occurrences of Service member–involved intimate partner violence outside of Canada SHALL be treated as
allegations of discreditable conduct in compliance with the relevant Procedures in Chapter 13.
Police Officer - The first police officer SHALL be responsible for the
safety and wellbeing of the victim, offender management and preservation of the evidence and the crime scene.
Police Officer - When a person attends a division to report intimate violence or an intimate partner incident SHALL
shall conduct an initial investigation
shall complete the applicable eReport
shall not direct the reportee to attend a different unit or location
if the offence did not occur in the division may request the appropriate division to conduct the follow-up investigation
if assistance is not available from the division in which the offence took place shall
- conduct a thorough investigation
- comply with the applicable sections of this procedure
Police Officer - When attending or upon discovering intimate partner violence or an intimate partner incident SHALL
ensure the safety of all persons at the scene
conduct a thorough investigation
request the attendance of a supervisory officer to an intimate partner violence call
- if a supervisory officer is unable to attend, notify a IPVI of all pertinent facts
- if unable to notify a IPVI, notify the Officer in Charge of all pertinent facts
make every effort to determine the dominant aggressor
ensure medical attention is offered to all injured parties, as required
ask the victim if injuries have been sustained and note the response in the memorandum book
note personal observations of the victim’s injuries in the memorandum book
ensure Toronto Paramedic Services is contacted where there is an indication of strangulation or, even when there is no visible sign of injury
Internal injuries may cause death within seventy two (72) hours if not treated.
Police Officer - When attending or upon discovering intimate partner violence or an intimate partner incident SHALL (2)
if the victim requires or requests medical attention, offer to take the victim to a Sexual Assault/ Domestic Violence Care Centre (SA/DVCC)
SA/DVCCs are located at Women’s College Hospital (WCH) and The Scarborough Hospital – Birchmount Campus and General Campus. The SA/ DVCC at WCH provides sexual assault
and intimate partner violence services to persons over the age of fourteen (14) who have been sexually assaulted within the last thirty (30) days and/or are experiencing intimate partner violence. Prior to transporting or attending the WCH SA/DVCC, officers must contact the 24 hour on-call switchboard number at 416-323-6400 and press “0”. The operator will then transfer officers to the on-call SA/DVCC nurse.
Women’s College Hospital SA/DVCC is open twenty four (24) hours / seven (7) days per week. Patients can access services at WCH or at one (1) of their seven (7) mobile emergency department sites: Mount Sinai, Toronto General Hospital, Toronto Western Hospital, Michael Garron Hospital, St. Joseph’s Health Centre, Sunnybrook Health Sciences Centre and St. Michael’s Hospital. The SA/DVCC nurse can be reached by telephone and will arrange to see the victim at the above noted hospitals.
There is no longer an Emergency Department at WCH. Therefore patients who require immediate medical assessment or treatment will need to be assessed by a physician at the closest emergency department. The emergency department provider will contact WCH when the patient is medically cleared. Patients who do not require emergency department services can be transported directly to WCH.
Police Officer - When attending or upon discovering intimate partner violence or an intimate partner incident SHALL (3)
Resources and services at a SA/DVCC include, but are not limited to:
crisis intervention and support;
documentation of assault history;
forensic documentation of any injuries;
Ontario Domestic Abuse Risk Assessment (recidivism risk) and Danger Assessment (homicide risk);
safety planning;
arrangement of shelter if required;
arrangement of follow up care – both health and counselling; and
provision of additional resources/supports as required.
Police Officer - When attending or upon discovering intimate partner violence or an intimate partner incident SHALL (4)
comply with Procedure 05–22 if elderly or vulnerable persons are involved
establish if the involved persons have children
obtain the names, dates of birth and current school of all children present, or who normally reside in the home,
regardless of whether the children were present at the time of the event/incident
apprehend any child in need of protection and comply with Procedure 05-06
Police Officer - When attending or upon discovering intimate partner violence or an intimate partner incident SHALL (5)
directly contact the appropriate Children’s Aid Society (CAS) regarding any urgent matter involving
child/youth, such as:
child/youth with an injury due to intimate partner violence;
where a child has become involved in an intimate partner violence event/incident in a direct manner;
caregiver is unavailable to care for the child/youth;
other factors including but not limited to mental health and substance misuse;
other issues that lead the officer to be concerned about immediate safety.
Toronto Catholic Children’s Aid (CCAS) 416-395-0550
Children’s Aid Society of Toronto (CAST) 416-924-4646, press 5
Native Child and Family Services of Toronto (NCSFT) 416-969-8510
Jewish Family and Child Services (JFCS) 416-638-7800
S. 125 (1) 6 A child is in need of protection when the child has suffered emotional harm, demonstrated by serious, anxiety, depression, withdrawal, self-destructive or aggressive behaviour, or developmentally delayed, and there are reasonable grounds to believe that the emotional harm suffered by the child results from the actions, failure to act or pattern of neglect on the part of the child’s parent or the person having charge of the child.
Police Officer - When attending or upon discovering intimate partner violence or an intimate partner incident SHALL (6)
interview all parties separately
when interpreting services are required contact the Multilingual Community Interpreter Services (MCIS) and
comply with Procedure 04–09 where MCIS is unable to assist
MCIS will provide free interpretation services to the Service during the investigation of all sexual, intimate partner violence and human trafficking related occurrences irrespective of the age of
the victim or the suspect/accused. MCIS interpreters will provide their services to all involved parties, including the accused up until the time that a formal charge has been laid [an Information has been sworn to before a Justice of the Peace (Justice)].
Police Officer - When attending or upon discovering intimate partner violence or an intimate partner incident SHALL (7)
ensure an intimate partner violence statement is taken and electronically recorded by an IPVI, unless there are circumstances preventing this, the ultimate decision is done at the discretion of the IPVI
comply with Procedure 04-32 and 12–08, as applicable
record the following in memorandum book
if not taking an electronically recorded statement, reasons why
IPVI name and badge number
obtain a written statement from the victim, if instructed by the IPVI and record the following in memorandum book
IPVI’s name, badge number and reason for statement
the statement and request that the victim review and sign the statement
interview third party witnesses including children when practical, family members, neighbours, other emergency services personnel who have attended the scene and/or treated the victims
make detailed notes, including all observations and statements in the memorandum book
consult with an IPVI or a detective when considering arresting both parties, prior to bringing them into the
station
arrange to have the victim’s injuries, scene and/or evidence photographed
Victims may sustain internal or external injuries, which are not immediately apparent. If injuries are not visible at the time of investigation, consideration should be given to photographing the injuries after a forty eight (48) to seventy two (72) hour period.
Police Officer - When attending or upon discovering intimate partner violence or an intimate partner incident SHALL (8)
collect all pertinent evidence in compliance with Procedure 04–21
if responding to a third party complaint, interview the complainant, ascertain and document all relevant facts
if the subjects of a third party complaint refuse to cooperate with the investigation
offer resources where appropriate
complete an eReport using information from the third party interview
conduct a Person Query, including a Canadian Police Information Centre (CPIC) and Canadian Firearms Registry
On-Line (CFRO) check
determine whether any involved individual owns, possesses or has access to weapons, firearms, ammunition,
explosives or the related authorizations, licences, certificates or permits, regardless of whether sufficient grounds
exist to lay a charge
comply with Procedure 05–21, if applicable
consider using the search and seizure provisions contained in S. 117 CC to minimize any subsequent risk to the
victim
obtain the information outlined in Chapter 5, Appendix A to help determine whether REASONABLE GROUNDS exist to BELIEVE there is a threat to safety
offer the victim the assistance of Victim Services Toronto in compliance with Procedure 04–31
complete the officer information section of the TPS 496 and provide to the victim regardless of whether REASONABLE GROUNDS exist to lay a charge
make every attempt to meet the special needs of the elderly or vulnerable persons, in compliance with Procedure
05–22, particularly when the offender is the sole caregiver
transport or arrange to transport the victim and dependents to a shelter or safe place, if necessary
Police Officer - Upon conclusion of the at–scene investigation SHALL
enter the disposition of the call on the Mobile Work Station (MWS) or notify the Communications Operator –
Communications Services (communications operator) verbally if necessary
if the situation varies from the original event type (e.g., get belongings, unknown trouble, sexual assault, etc.)
obtain a divisional supervisory officer’s badge number and approval to change the event type
request the communications operator to change the event type to reflect the true situation
notify a supervisor or IPVI of all intimate partner violence and intimate partner incident calls
record all notifications and attendance or non–attendance (supervisor, IPVI , Officer in Charge, etc.) in the
eReport
for non-urgent matters involving child/youth include the following information in the eReport
demographic,
incident details
outcome ODARA
determining if family is Catholic
ensure email is sent to appropriate agency
CCAS – ccasdv@torontoccas.org
CAST – castdv@torontocas.ca
NCFST - ncfstdv@nativechild.org
In the event that the incorrect agency is selected CCAS, CAST and NCFST will ensure that the information is sent to the correct agency.
Reporting to JFCS remains the same (phone).
scan and attach all memorandum book notes and hardcopy reports to the original eReport before reporting off duty
provide the eReport number to the Officer in Charge
Police Officer - Where REASONABLE GROUNDS exist relative to a charge SHALL, in addition to complying with item 2
arrest and/or charge the suspect, taking into consideration all the circumstances when deciding to continue the arrest, including the safety of the victim and dependents, any previous history of intimate partner violence, threats made by the accused and the protection of the community
The victim SHALL not be advised to lay a private information where REASONABLE GROUNDS exist to lay a charge.
where the accused wishes to swear to an independent counter charge, advise the accused that an Information may be sworn before a Justice