Domestic Violence 05–04

Question 1

Who shall take the lead role in a domestic violence investigation if the incident involves an allegation of sexual assault

Answer 1

• the incident involves an allegation of sexual assault, a DVI shall be designated as the lead investigator, but shall work in consultation with an accredited sexual assault investigator

Question 2

Who shall take the lead role in a domestic violence if the incident involves death

Answer 2

• the incident involves death, the investigation shall be assigned to the Homicide Squad

Question 3

Who shall take the lead role in a domestic violence investigation if the incident involves threshold offences

Answer 3

• cases involving threshold offences as defined in the Ontario Major Case Management Manual, the investigation shall be assigned to an accredited Major Case Manager

Question 4

Who shall take the lead role in a domestic violence investigation if the incident involves a young person

Answer 4

• if the incident involves a young person; a DVI shall be designated as the lead investigator, but shall work in consultation with Youth Services.

Question 5

All allegations arising from a domestic situation in which the suspect/accused is a member of another police service shall be reported in a timely manner. Who reports it and to whom is it reported

Answer 5

All allegations arising from a domestic 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).

Question 6

Can a Duty Inspector notify another police service of a domestic violence investigation involving one of the other services members

Answer 6

No, the Duty Senior Officer – Toronto Police Operations Centre (Duty Senior Officer), may make the notification. The U/C of the involved service division may also notify the involved service

Question 7

Who shall be notified in the Toronto Police Service of a Domestic occurrence that occurs within the city of Toronto where the suspect/accused is a member of the service

Answer 7

The unit commander / Duty Senior Officer shall notify Professional Standards (PRS) who will assume the role of case manager. Divisional personnel shall assist the PRS, as required.

Question 8

Must a supervisory officer attend a domestic violence call

Answer 8

the supervisor attends whenever possible, but must attend when the incident involves a member of a police service (TPS or not)

Question 9

Who must be notified about a domestic violence incident

Answer 9

• Domestic Violence Investigator (DVI) or Officer in Charge − when attending or upon discovering a domestic situation and a supervisor is unable to attend
• Divisional Investigative Office − where reasonable grounds exist and the suspect has left the scene

Question 10

How long will interpreters be available to victims/suspects.

Answer 10

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).

Question 11

Is there a translation service available to victim or the accused.

Answer 11

MCIS will provide free interpretation services to the Service during the investigation of all sexual and domestic assault occurrences, irrespective of the age of the victim or the suspect/accused.

Question 12

How long does an DVI have to have injuries photographed

Answer 12

Immediately after the incident and where possible, ensure that injuries sustained by the victim are photographed a second time 48 to 72 hours after the initial incident

Question 13

If a victim requests a charge to be withdrawn what must be done

Answer 13

The DVI must direct a victim requesting that charges be withdrawn to the Crown Attorney’s Office

Question 14

What are Detective Sergeants responsible for in relation to Domestic Violence investigations

Answer 14

Detective sergeants are responsible for ensuring an appropriate investigative response, and that domestic violence investigations are conducted by accredited domestic violence investigators and that a thorough and comprehensive investigation is conducted.

Question 15

Who does the OIC notify if a member of the Toronto Police Service is a suspect/accused of a Domestic Violence incident or occurrence

Answer 15

The OIC shall notify the appropriate unit commander, or if absent, the Duty Senior Officer of the circumstances surrounding the incident

Question 16

How many officers shall be assigned to oversee all Domestic Violence Investigations

Answer 16

a minimum of one detective is assigned to oversee all domestic violence investigations in the division

Question 17

Who’s responsible for assigning officers to domestic violence investigations

Answer 17

Detective Sergeants when in charge of a divisional detective office shall ensure it

Question 18

Who are domestic violence investigations assigned to

Answer 18

Domestic violence investigations are assigned to a qualified DVI who will be able to initiate the investigation expeditiously

Question 19

What are Detective Sergeants responsible for when in charge of a divisional detective office in relation to a domestic violence investigation

Answer 19

Detective sergeants are responsible for ensuring an appropriate investigative response, that domestic violence investigations are conducted by accredited domestic violence investigators and that a thorough and comprehensive investigation is conducted.

Question 20

What is an OIC of a division responsible for in relation to investigations.

Answer 20

The officer in charge is responsible for ensuring an appropriate uniform response and, in the absence of the detective sergeant, an appropriate investigative response.

Question 21

What is a WRC and where is it used?

Answer 21

Written Revocable Consent (WRC) program pertains to domestic assault cases only and addresses the issue of WRC attached to a Recognizance of Bail or a Bail Variation.

Question 22

What are the conditions which an accused can access a WRC

Answer 22

To qualify, the accused must be eligible for entry into Early Intervention (EI) Court and the Partner Assault Response (PAR) program.

Question 23

What must a supervisory officer do if a WRC revocation has occurred (who is notified)

Answer 23

− Records Management Services
− Bail and Parole
− Divisional Policing Support Unit
− D/S of the Division assigned the original eReport (e.g. 23D/S)

Question 24

Who must the D/S of the Division originally assigned notify after a revocation of WRC request

Answer 24

The case manager through the Direct Report Entry (DRE)

Question 25

Who does the Revocation of Consent to Communicate text template get sent to

Answer 25

Crown Attorneys Office of the original Assault (Domestic) charge

Question 26

Does the offender need to be notified regarding the revocation of the WRC

Answer 26

Yes

Question 27

Can officers ask victims and witnesses of crime about their immigration status

Answer 27

No, only if bona fide reasons to do so

Question 28

If the victim is unwilling to attend court can charges be laid against the suspect

Answer 28

Yes,
- marital status disposition of previous calls
- victim unwillingness to attend court
- likelihood of obtaining a conviction
- denials of violence despite contrary evidence
- fears of reprisal by the accused
- occupation of the victim/ accused
- immigration status of the parties
shall not influence the decision to lay a charge

Question 29

What unit is designated as a service liaison with other police services regarding service-member involved domestic occurrences outside the city of Toronto

Answer 29

PRS

Question 30

If reasonable grounds exist in relation to a domestic violence call can a victim be advised to lay a private information

Answer 30

The victim shall not be advised to lay a private information where reasonable grounds exist

Question 31

Where domestic incident has taken place and/or there is some evidence of domestic violence but reasonable grounds do not exist relative to charge can the involved person’s be advised to lay a private information

Answer 31

Officers can advise the involved persons that a private information maybe sworn by attending before a justice, if applicable

Question 32

Whose responsibility is it to ensure all domestic violence investigations are undertaken expeditiously

Answer 32

Supervisory officer and the officer in charge

Question 33

When a detective sergeant is in charge of the divisional detective office how many detectives are assigned to oversee all domestic violence investigations in the division

Answer 33

A minimum of one detective must be assigned to oversee all domestic violence investigations

Question 34

Who must ensure the suspect/accused is informed of the assistance available from the EFAP if the domestic incident involved a service member.

Answer 34

The officer in charge