Domestic Violence

Question 1

What does the term “Intimate partner” inclide?

Answer 1

Current and former spouses, common-law partners or dating partners.

Question 2

What are extra concerns that DV victims experience?

Answer 2

1. Fear for their own safety
2. Fear for their children
3. Financial considerations
4. Child care concerns
5. Disapproval of family members
6. Immigration concerns
7. Fear of being ostracized by community
8. Ongoing emotional bond with accused

Question 3

What must the Cr be aware of when children are involved in a DV case?

Answer 3

The risk of lasting emotional and psychological harm to the child.

Cr must inform CAS if believes the child may be in need of protection.

Question 4

What is the paramount consideration at all stages of a DV file?

Answer 4

The safety of victims and their families.

Question 5

What is the onus in DV bail hearings?

Answer 5

If the accused has been previously convicted of a DV offence then they are in a reverse onus position.

This is not the case if the accused received a discharge on the previous offence.

Question 6

When is a prior offence considered an intimate partner violence offence?

Answer 6

Whether there was violence used, threatened or attempted against a current or former partner.

Question 7

What else should be included in an intimate partner violence bail brief?

Answer 7

1. Domestic Violence Risk Management report
2. Any other risk assessments or safety checklist completed by police
3. DV risk factors
4. Nature of relationship
5. Details of prior findings of guilt or PB
6. Impact of offence on victim and children
7. Description of victim’s emotional and physical state
8. Medical treatment required
9. Outstanding charges
10. VIS
11. Existing family law issues
12. History of breaches
13. Safety concerns expressed by victim

Question 8

What are some risk factors to be considered at the bail stage of a DV file?

Answer 8

1. Threats or attempts to commit homicide or suicide;
2. Recent or pending separation;
3. Prior violence and/or threats against the victim and/or his/her family;
4. Mental health issues, including depression;
5. Existing family law issues, including separation/custody/access issues;
6. Existing or prior restraining orders;
7. Jealousy, obsessiveness or feelings of ownership towards the victim;
8. Control of the victim’s life, children or daily activities;
9. Substance abuse;
10. Stalking/criminal harassment by accused person against current victim or any
    others;
11. Strangulation/choking by the accused person;
12. Use of and/or access to weapons or firearms;
13. History of violence or criminality, generally;
14. History of sexual assault;
15. History of assault while the victim is pregnant;
16. Any history of breaches of court orders (criminal or family court);
17. Recent escalation in frequency or severity of assaults/threats against victim;
18. Recent high stress of accused, e.g. financial problems, loss of employment; and,
19. Victim fears that accused person will seriously harm or kill her or the children.

Question 9

When must a Cr. seek a publication ban?

Answer 9

In cases involving sexual assault

Question 10

What conditions should the Cr. consider requesting in a DV bail?

Answer 10

1. No contact
2. Not to attend - can ask for boundary restriction (515(4))
3. Firearm and weapons prohibition
   (515(4.1)

Question 11

If an accused is detained what should the Cr. seek from the Court?

Answer 11

An order that he have no contact with the victim or witnesses (515(12))

Question 12

What must a Cr. consider when asked to vary a bail for contact between A and V?

Answer 12

1. Victim consent
2. Risk factors of the case
3. Inquire with VWAP and the OIC as to risks
4. Should not agree solely on victim’s wish to have contact

Question 13

What is not a valid reason to withdraw DV charges?

Answer 13

Must not withdraw solely on victim’s request - must consider all of the circumstances

Question 14

If there are allegations of choking, suffocating or strangling what should the accused be charged with?

Answer 14

Assault causing bodily harm.

recognizes the increased moral blameworthiness of such assaults

Question 15

Factors to consider when there has been dual charging

Answer 15

Should try to determine if one party was acting in self defence or consent fight

Question 16

When should the Cr. consider obtaining expert evidence?

Answer 16

1. For the interpretation of medical findings
2. The need for testimonial aids
3. Difficulty in testifying on account of age, fragility and/or mental disability

Question 17

If considering an 810 PB does the Cr require prior approval?

Answer 17

Yes, from the CA or designate

Question 18

Why type of peace bond is acceptable in DV cases?

Answer 18

810

Question 19

When is a common law peace bond appropriate in a DV situation?

Answer 19

Rarely. CL PB should only be used if there is not an 810 available and then only with the permission of the CA

Question 20

How is PAR different from Anger Management programming?

Answer 20

Anger management is about a persons inability to control their anger while intimate partner violence is about controlling another person

Question 21

What is the criteria for considering referral to an early intervention program?

Answer 21

1. the accused pleads guilty [or agrees to enter into a s.810 Recognizance]
2. the accused has no convictions for violence-related offences
3. the accused did not cause serious injuries or harm
   4 no weapon was used in the offence
4. the victim is consulted.

Question 22

What is the recommended wording for the PAR program?

Answer 22

Attend within 48 hours for the initial assessment and then as directed, actively
participate in, pay for and complete the PAR program [or specific name of local
program] to the satisfaction of the PAR service provider.

Question 23

What factors should be considered before having a child testify?

Answer 23

1. the gravity of the offence;
2. whether or not there is sufficient evidence to found a conviction without the
   child’s testimony;
3. the probative value of the child’s evidence;
4. the age of the child;
5. the child’s competence to testify;
6. the harm to the child which may be caused by testifying;
7. the child’s emotional vulnerability;
8. the benefit to the child of participating in assigning responsibility to the offender
   for the offence;
9. availability of counselling for the child before and after court;
10. availability of support persons for the child in and outside of court; and,
11. concerns for the child’s safety.

Question 24

S. 715.1

Answer 24

Application to admit a video recorded statement of any victim or witness under the age of 18 made within a reasonable time after the offence.

The witness must adopt the statement as true during their testimony

Question 25

What should be done before seeking a Material Witness Warrant?

Answer 25

1. attempt to obtain a short adjournment to allow the
   police to contact the victim to advise him or her of the consequences of failing to
   attend court on the next occasion;
2. If this fails, or if it would be inappropriate to make such a request, the Prosecutor
   may seek a material witness warrant, with a view to having the victim arrested
   and released on appropriate terms. The Prosecutor should try to avoid the
   potential for re-victimizing the victim of intimate partner violence. Accordingly, this
   procedure should be used as a last resort.

Question 26

When should the admissibility of 911 tapes be pursued?

Answer 26

When the recording includes:

1. Declarations of mental or emotional state;
2. Spontaneous exclamations; and/or,
3. Under the principled exception to the hearsay rule.

Question 27

What is s.9(2)

Answer 27

A victim or witness in an intimate partner violence prosecution may recant their
statement at trial and testify in a manner inconsistent with their earlier statement. Cr. can apply to be able to cross examine their own witness.

Question 28

What are aggravating factors in a DV context?

Answer 28

1. an offence against an intimate partner
2. an offence against a person less than 18 years of age
3. Abuse of a position of trust
4. An offence with a significant impact on the victim

Question 29

Weapons Prohibitons

Answer 29

Ask for them upon conviction - 109 is mandatory. 110 is discretionary.