05-04 Intimate Partner Violence Flashcards

Question

Police Officer When attending or upon discovering intimate partner violence or an intimate partner incident SHALL * Resources and services at a SA/DVCC include, but are not limited to:

Answer 1

o crisis intervention and support. o documentation of assault history. o forensic documentation of any injuries. o Ontario Domestic Abuse Risk Assessment (recidivism risk) and Danger Assessment (homicide risk). o safety planning. o arrangement of shelter if required. o arrangement of follow up care – both health and counselling; and o provision of additional resources/supports as required.

Answer 2

* comply with Procedures 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 Procedures * directly contact the appropriate Children’s Aid Society (CAS) regarding any urgent matter involving child/youth, such as: o child/youth with an injury due to intimate partner violence. o where a child has become involved in an intimate partner violence event/incident in a direct manner. o caregiver is unavailable to care for the child/youth. o other factors including but not limited to mental health and substance misuse. o other issues that lead the officer to be concerned about immediate safety. o Toronto Catholic Children’s Aid (CCAS) 416-395-0550 o Children’s Aid Society of Toronto (CAST) 416-924-4646, press 5 o Native Child and Family Services of Toronto (NCSFT) 416-969-8510 o Jewish Family and Child Services (JFCS) 416-638-7800

Answer 3

* 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 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. * interview all parties separately * when interpreting services are required contact the Multilingual Community Interpreter Services (MCIS) * 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). * 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 * record the following in memorandum book o if not taking an electronically recorded statement, reasons why o IPVI name and badge number * obtain a written statement from the victim, if instructed by the IPVI and record the following in memorandum book o IPVI’s name, badge number and reason for statement o 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 and/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.

Answer 4

* 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 o offer resources where appropriate o 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 * consider using the search and seizure provisions contained in S. 117 CC to minimize any subsequent risk to the victim * 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, 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

Answer 5

* enter the disposition of the call on the Mobile Workstation (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 o demographic, o incident details o outcome ODARA o determining if family is Catholic o 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

Answer 6

* 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

Answer 7

* conduct a search of the immediate area and advise the communications operator of the suspect’s description, mode of travel and the nature of the offence committed * if appropriate, select Yes for the BOLO option when completing the suspect Entities page * Records Management Services – Operations will create and post a BOLO. * obtain and document information as to the suspect’s potential destination * notify the divisional investigative office and obtain further instructions from an IPVI

Answer 8

* complete the officer information section of the TPS 496 and provide to the victim * make a referral to Victim Services Toronto * complete the applicable eReport, documenting the reason no charges are laid, and no arrest is made * advise the involved persons that a report will be filed * advise the involved persons that a restraining order may be applied for by appearing before a Justice, if applicable

Answer 9

complete a TPS 228 to activate the Special Address System

Answer 10

the quality and thoroughness of the uniform response.

Answer 11

* ensure all investigations are undertaken expeditiously * attend the scene for all intimate partner violence calls * provide guidance and assistance through the course of the investigation * attend intimate partner incidents, whenever possible * ensure the applicable eReports are completed, including the MO Detail page, if applicable

Answer 12

ensure the criteria in this Procedure has been met and approve the request if appropriate under the circumstances.

Answer 13

* attend the scene * advise the Officer in Charge of the circumstances * document the circumstances in the memorandum book, including if no arrest was made, why no arrest was made/charge laid, when applicable * conduct a preliminary investigation into a conduct complaint * ensure the victim and dependents are offered the assistance of the Employee Family Assistance Plan (EFAP), Victim Services Toronto, and other community agencies * ensure the suspect/accused is informed of the assistance available from the EFAP * advise the victim that they will be contacted by PRS

Answer 14

* attend the scene * advise the Officer in Charge of the circumstances * document all the circumstances in the memorandum book, including if no arrest was made, why no arrest was made/charge laid, when applicable * ensure that the victim and dependents are offered the assistance of Victim Services Toronto and other community agencies

Answer 15

ensuring the needs of the victim are met, effective management of the crime scene, including the gathering of evidence and ensure that a thorough and comprehensive investigation is conducted.

Answer 16

* conduct a thorough and complete investigation * if the victim requires or requests medical attention, ensure the services of a SA/DVCC are offered * when interpreting services are required, ensure the services of the MCIS are utilized * ensure 9–1–1 recordings are reviewed and consider preserving them as evidence, where applicable * in cases involving threshold offences as defined in the Ontario Major Case Management Manual, consult with the divisional Detective Sergeant concerning designation of the offence as a Major Case * take all intimate partner violence statements and ensure they are electronically recorded, unless there are circumstances preventing this, the ultimate decision is at the discretion of the IPVI in consultation with attending officer * record the following in memorandum book o the reasons why an electronically recorded statement is not being taken o attending officer name and badge number * explain to the victim the charge and the nature of the proceedings against the accused * ensure a charge is laid where REASONABLE GROUNDS exist * ensure photographs of the victim’s injuries, the scene and/or evidence are made available for the bail hearing, wherever possible * make every effort to determine a dominant aggressor before considering charging both parties * when both parties are charged, cross reference the two cases on each confidential crown envelope (crown envelope) o DVRM / ODARA is completed o the top right-hand corner of the information is marked “IPV” o the box entitled ‘Intimate Partner Violence’ in the ‘Incident Type’ section of the crown envelope has been checked off o all charges are clearly noted in the crown envelope as ‘Intimate Partner Violence’ in origin and the top border of the crown envelope is boldly marked in red * consider commencing show cause proceedings as appropriate, making particular note of any stalking behaviour shown by the accused * consider requesting a non–communication order under ss. 515(12) CC where a detention order is being sought * whenever possible, consult with the victim when determining required bail conditions * if the accused is granted bail, ensure the conditions of release, or any change in conditions of release are communicated to the victim as soon as possible rather than delay until the accused is actually released * ensure a copy of the bail conditions are maintained in the case file * where applicable, consider and exercise all powers of search and seizure, with and without warrant, relating to weapons, firearms, ammunition, explosives and the related authorizations, licences, certificates and permits * consider contacting all persons known to police who may provide the accused access to firearms or related authorizations, licences, certificates or permits * notify Organized Crime Enforcement – Integrated Gun & Gang Task Force when firearms are or may be a factor * conduct a Firearms Interest Police (FIP) check on CPIC * consider applying for a prohibition order or seeking a revocation where REASONABLE GROUNDS exist to BELIEVE it is not desirable in the interests of safety for the offender to possess weapons * where possible, ensure that injuries sustained by the victim are photographed a second time forty-eight (48) to seventy-two (72) hours after the initial incident * consult with Detective Operations – Sex Crimes – Behavioural Assessment Section to assist the victim in developing a personal safety plan * consider contacting Victim Services Toronto on behalf of the victim to initiate the Victim Quick Response Program * Please restrict your advice to the victim about the services Victim Services Toronto “can” provide and refrain from committing to what they will provide. The decision remains with Victim Services Toronto. * consider warning other known intimate partners of an abuser of the potential for abuse * if the offender has an open case with another division or another police service, share and co–ordinate current case information with the case manager from that division or police service, as applicable * in high-risk cases, consider placing both the victim and accused in the CPIC ‘Special Interest to Police’ (SIP) category by submitting a completed TPS 227 according to the instructions on the form * The SIP category exists in CPIC to capture a wide range of information, including "persons who are dangerous to themselves or others" including, but not restricted to intimate partner violence situations. All SIP entries must include the specific reason (e.g. Dangerous Person – Intimate Partner Violence) and should contain a caution for "Family Violence”. * if it is determined that the offender is at risk of re–offending or breaching conditions of release, peace bond or probation order, ensure that appropriate resources are dedicated to investigating the matter immediately * encourage the victim to complete a Victim Impact Statement at the appropriate stage of the court process * where possible, notify the victim of any known court dates, with a follow–up call prior to the court appearance * in cases where charges have been laid and the victim does not wish to proceed with the charges, direct a victim requesting that charges be withdrawn to the Crown Attorney's Office * make a referral to Victim Services Toronto * where possible, notify the victim and the original police officer once final disposition of the case is obtained * consider making application to the Witness Assistance and Relocation Program (WARP) * ensure o the box entitled ‘Intimate Partner Violence’ in the ‘Incident Type’ section of the crown envelope has been checked off o all charges are clearly noted in the brief as ‘Intimate Partner Violence’ in origin (e.g. Assault – IPV), and the top border of the crown envelope is boldly marked in red * that in cases where the accused is a young person, the top border of the crown envelope is also boldly marked in blue o ensure that two (2) copies of a DVRM / ODARA are completed and included in the crown envelope for the first court appearance o ensure the top right-hand corner of the information is marked “IPV”

Answer 17

* ensure a further investigation is promptly conducted * lay charges where REASONABLE GROUNDS exist and submit a TPS 227 with the eReport number * where REASONABLE GROUNDS exist and the suspect has not been arrested/charged within twenty-four (24) hours of the offence, consider obtaining a warrant * complete a Warrant Application Supplementary via eReport and enter the suspect’s information onto CPIC in the “WANT” category indicating that an arrest warrant is pending, if applicable * The entry will be removed from CPIC after two (2) business days if the warrant is not received. * if no charges are laid, add supplementary information to the original eReport explaining the reasons for such a decision

Answer 18

* review all the circumstances, including the responses to the ‘Risk Factor’ questions * generate a FIP entry on CPIC if the incident contains information that should be made available to the Office of the Chief Provincial Firearms Officer * The Firearms Act s. 5 indicates the types of offences/incidents which justify a FIP. The FIP database in CPIC flags an individual applying for a firearms licence. Such a flag is not an automatic refusal to issue a licence but assists in the initial screening process or a subsequent review of the licence file by the Chief Firearms Officer.

Answer 19

appropriate investigative response, that intimate partner violence investigations are conducted by accredited intimate partner violence investigators and that a thorough and comprehensive investigation is conducted.

Answer 20

* a minimum of one (1) IPVI accredited detective is assigned to oversee all intimate partner violence investigations in the division * each IPVI has completed the DVRM / ODARA training and has received a certificate * intimate partner violence investigations are assigned to a qualified IPVI who will be able to initiate the investigation expeditiously * a TPS 426 is completed, filed electronically at the division * a regular review is conducted of all TPS 426 reports including electronically recorded statements taken, to ensure intimate partner violence and intimate partner incident calls for service are investigated appropriately * appropriate follow up investigations occur on all intimate partner incidents (call backs, Victim Services Toronto, etc.) and details documented as supplementary information to the original eReport * cases involving high risk offenders are referred to the Intimate Partner Violence High Risk Review Team at the divisional courthouse * in cases involving high risk offenders, the use of physical surveillance is considered as part of a high-risk offender management strategy

Answer 21

ensuring an appropriate uniform response and, in the absence of the Detective Sergeant, an appropriate investigative response.

Answer 22

undertaken expeditiously.

Answer 23

* they are scanned and attached to the original eReport * the eReport number has been provided to the divisional investigative office

Answer 24

a TPS 228 has been completed to add the address to the Special Address System.

Answer 25

* all reasonable inquiries have been made into the possession by an accused of weapons, firearms, ammunition, explosives, authorizations, licences, permits, certificates, Firearms Acquisition Certificate, etc. * such items are surrendered before release to enhance the safety of the victim

Answer 26

crown envelope for completeness and ensure the completed DVRM / ODARA has been included in the crown brief.

Answer 27

* SHALL ensure the victim is immediately notified of all required information on the TPS483 and that the TPS483 is completed to record this notification.

Answer 28

* notify the appropriate Unit Commander, or if absent, the Duty Senior Officer of the circumstances surrounding the incident * ensure the assistance of the EFAP, Victim Services Toronto and other community agencies are offered to the victim * ensure the suspect/accused is informed of the assistance available from the EFAP

Answer 29

notify their Unit Commander, or if absent, the Duty Senior Officer of the circumstances

Answer 30

ensuring all proper notifications are made when a member of a police service is a suspect or an accused.

Answer 31

* immediately advise PRS of the circumstances * for a matter involving a police officer, ensure compliance with Procedures regarding conduct complaints * for all members, comply with Procedures when considering suspension * ensure the assistance of the EFAP, Victim Services Toronto and other community agencies are offered to the victim * ensure the suspect/accused is informed of the assistance available from the EFAP * where appropriate or requested, ensure appropriate arrangements are made in the workplace to ensure there is no direct contact between the victim and the suspect/accused

Answer 32

* the Duty Officer of their service is contacted as soon as practicable * information is provided about the matter including o details of the incident o condition and status of the victim o charges laid, if applicable o whether bail is being opposed o date, time and location of the first court appearance, if applicable

Answer 33

eligible for entry into Early Intervention (EI) Court and the Partner Assault Response (PAR) program.

Answer 34

informed consent and to reduce the number of recurrences of consent being revoked and reinstated prior to the charges being concluded at court. In addition, it also ensures that judicial conditions including requests for revocation of consent are recorded on CPIC in a timely manner.

Answer 35

* ensure the safety of all persons at the scene * conduct a thorough investigation * obtain the offender’s name, date of birth, last known address and contact information * record a statement outlining the complainant’s desire to revoke immediate consent of contact with the offender and request the complainant sign the statement * A complainant’s refusal or inability to sign the statement does not negate the Revocation of Consent to Communicate request. * advise a supervisory officer of the revocation of consent to communicate request * notify the offender of the details of the revocation of consent to communicate * if unable to notify the offender of the revocation of consent to communicate, complete a TPS 227. The TPS 227 will state “Revocation of Consent to Communicate – Offender Notification Required” (enter complainant’s name as recorded on the original eReport, and the original eReport number) * add supplementary information to the original Intimate Partner Violence Assault eReport and complete a Revocation of Consent to Communicate text template * ensure a “NOTIFY” is sent to the following handles through the Direct Report Entry (DRE) forthwith o Records Management Services (DVBAIL) o Bail and Parole (BAILPR) o Detective Sergeant of the Division assigned the original eReport

Answer 36

* advise the complainant to attend the police service in their present jurisdiction to confirm their identity and request the agency contact Toronto Police Service * comply with item 26 when the complainant’s identity has been confirmed by the local police service

Answer 37

* notify the offender that consent to communicate with the complainant has been revoked * add supplementary information to the original Intimate Partner Violence Assault eReport and complete a Revocation of Consent to Communicate text template * ensure a “NOTIFY” is sent to the following handles through the Direct Report Entry (DRE) forthwith o Records Management Services (IPVBAIL) o Bail and Parole (BAILPR) o Detective Sergeant of the Division assigned the original eReport (e.g. 23D/S) * remove the TPS 227 from CPIC

Answer 38

* an investigation is undertaken expeditiously * a “NOTIFY” has been sent to the following handles through the Direct Report Entry (DRE) forthwith o Records Management Services (IPVBAIL) o Bail and Parole (BAILPR) o Detective Sergeant of the Division assigned the original eReport (e.g. 23D/S)

Answer 39

* a “NOTIFY” is sent to the case manager through the Direct Report Entry (DRE) * the completed Revocation of Consent to Communicate text template is sent by TPS eFax to the Crown Attorneys Office of the original Assault charge * continued attempts to notify the offender of the revocation of consent to communicate are undertaken in a timely manner, as applicable

Answer 40

* a victim or witness who may possibly require or may seek admission into the Provincial Witness Protection Program. * a Crown Attorney is requesting information for disclosure purposes * the information is necessary to prove essential elements of an offence, or * investigations where the circumstances make it clear that it is essential to public or officer safety and security to ascertain the immigration status of a victim or witness.

Answer 41

a child that can be apprehended as being in need of protection as defined in s.125 (1) of the Child, Youth and Family Services Act.

Answer 42

* homicides as defined in subsection 222(4), Criminal Code, and attempts * sexual assaults, and all attempts (for the purpose of this standard, is deemed to include sexual interference, sexual exploitation and invitation to sexual touching) * trafficking in persons as defined in section 279.01, 279.011 or 279.04, Criminal Code, and attempts as defined in section 24(1) Criminal Code * occurrences involving non-familial abductions and attempts * missing person occurrences, as outlined in the Ontario Major Case Management Manual * occurrences suspected to be homicide involving found human remains * criminal harassment cases in which the offender is not known to the victim; and, * any other types of cases designated as a major case pursuant to this Ontario Major Case Management Manual. [Source: Ontario Major Case Management Manual]

Answer 43

the individual who has been the principal abuser, and not necessarily the person who initiated the violence that resulted in the attendance of police.

Answer 44

a database within the Canadian Police Information Centre (CPIC) system that contains information from local police agencies, which could affect an individual’s eligibility to be issued or to continue to hold a firearms licence. Section 5 of the Firearms Act indicates the types of offences/incidents which justify a FIP.

Answer 45

any incident between persons involved in an intimate relationship where, although no criminal offence has occurred, police have been called to the scene.

Answer 46

* assault * murder * sexual assault * threatening * harassment * intimidation * unlawful interference with personal liberty * any other criminal offence * offences under other statutes, such as the Family Law Act, Children’s Law Reform Act, etc. but does not include child abuse investigations.

Answer 47

an investigator qualified in the investigations of intimate partner violence as prescribed in Police Services Act, O. Reg. 3/99, Adequacy & Effectiveness of Police Services and the Policing Standards Manual.

Answer 48

an occurrence report created to detail criminal behaviour and/or a breach of any statute related to an intimate partner violence situation and includes an arrest report. (excludes an Intimate Partner Incident Report).

Answer 49

marriage, domestic partnership, engagement, casual or serious romantic involvement, and dating, whether in a current or former relationship. Intimate Partner Violence can occur between persons of any sex, sexual orientation, gender, gender identity, or gender expression, and it can occur in any type of intimate relationship including monogamous, non- committed, and relationships involving more than two (2) partners.

Answer 50

* a person to whom harm was done or who suffered physical or emotional loss as a result of the commission of the offence; and * where the person described in paragraph (a) is dead, ill or otherwise incapable of making a statement referred to in subsection (1), includes the spouse or common-law partner or any relative of that person, anyone who has in law or fact the custody of that person or is responsible for the care or support of that person or any dependant of that person. [Source: Criminal Code, 722(4)]

Answer 51

a program administered by Victim Services Toronto that provides quick financial assistance to victims of homicide, attempted murder, serious physical assault, intimate partner violence, sexual assault and hate crime in the immediate aftermath of a crime.

Answer 52

the program operated by the (Ontario) Ministry of the Attorney General. Services are provided on a priority basis to the most vulnerable victims and witnesses of violent crime, such as intimate partner violence, child abuse, sexual assault, homicide and hate crime. Families of traffic fatality victims are also eligible. Services begin once police have laid charges and continue until the court case is concluded.