legal
Domestic Violence & Police Response in Massachusetts
What survivors can expect when domestic violence is reported to police in Massachusetts.
Massachusettspolice
LEGAL & COURT
Police Investigations, Arrests, and Court Conditions in Abuse Cases
1. Police Investigation Basics
Police across Canada investigate relationship abuse and family violence under criminal law, not family law. How they respond can vary by province, territory, and even by police service.
- Police may take a written statement, an audio or video statement, or brief notes of what was said.
- They may speak with neighbours, friends, children, or other possible witnesses.
- They often look for physical evidence, such as damage in the home, medical reports, photos of injuries, or messages on phones or social media.
- They may ask for access to devices or accounts; in some situations, they can apply for warrants or production orders.
- Police can lay criminal charges for offences such as assault, threats, harassment, mischief, or other relevant offences under the Criminal Code of Canada.
Police investigations are not private. Information shared may be written down, recorded, and used later in court. If you are unsure what to say, you can ask what your options are before answering.
Your Role During an Investigation
- You can describe what happened in your own words. You do not need to use legal terms.
- You can tell police if there are safety concerns, such as weapons in the home, threats to children, pets, or immigration status.
- You can let police know if you need an interpreter, accessibility support, or time to understand forms before signing.
- If police ask you to sign a statement, you can ask to read it carefully and request corrections if something is not accurate.
In many places, once police are involved in a criminal investigation, the decision about charging and continuing a case usually belongs to police and prosecutors, not to the person who called or reported.
2. How Arrests Typically Work
Police arrest practices differ by province and by circumstances, but some common patterns apply across Canada.
- Police may arrest right away if they believe a criminal offence has occurred or if they are concerned about ongoing safety.
- In some regions, there are “mandatory” or “pro-charge” policies in intimate partner violence cases, which encourage or require police to lay charges when they see evidence of an offence, even if the person harmed does not want charges.
- Police may arrest at the scene, later at another location, or ask someone to turn themselves in at a station.
- After arrest, the person may be held for a bail hearing, or may be released with conditions and a future court date.
Release Conditions After Arrest
When someone is released after an arrest for relationship-related offences, there are often strict conditions intended to reduce risk. These may include:
- No contact with you, directly or indirectly (including through friends, family, or social media).
- Not attending your home, workplace, school, or other specified places.
- Not possessing weapons or certain items.
- Curfew, alcohol or drug conditions, or reporting to police.
Breaching release conditions is a separate criminal offence. If you are unsure what conditions are in place, you can ask police or the Crown’s office for clarification. You do not have to agree with the conditions for them to be enforceable.
3. Who Controls the Charges: Role of Prosecutors
In Canada, once police lay criminal charges, the case usually moves to the Crown prosecutor (also called Crown counsel or Crown attorney). The Crown’s role is to represent the public interest, not to act as a personal lawyer for any individual involved.
- The Crown reviews the evidence and decides whether to continue, change, or withdraw charges.
- You do not “press” or “drop” criminal charges. You can share your views, but the final decision belongs to the Crown.
- The Crown may ask you for more information through victim services or directly, especially about safety and about any contact since the incident.
- The Crown may decide to proceed even if you prefer that the charges be withdrawn, if they believe there is enough evidence and that continuing is in the public interest.
- In some cases, the Crown may change the type or number of charges as more information becomes available.
You can usually ask a victim services worker or Crown office how to share your safety concerns and wishes. This is information, not a guarantee of any particular outcome.
4. Court Conditions After Arrest
After an arrest, there may be several layers of conditions that affect contact, housing, parenting, and daily life.
Bail and Release Conditions
- If the person is held for a bail hearing, a judge or justice decides whether they are detained or released, and on what conditions.
- Conditions can include no contact, a requirement to live at a specific address, curfews, and restrictions on travel or substances.
- You might not be notified immediately when conditions change, especially if there are frequent court dates.
Longer-Term Court Orders
- As the criminal case progresses, there may be orders that last until the end of the case, or longer if there is a conviction and sentence.
- These may affect contact with you and with children, even if there are also family law or child protection orders in place.
- Court orders can sometimes be changed (varied), but this usually needs a formal process through the court or Crown.
If you receive copies of court documents, it can help to keep them in a safe place or a secure digital folder, and to note expiry dates or upcoming court dates.
5. Understanding “209A Orders” and Canadian Protection Orders
The term “209A order” is used in some parts of the United States (for example, in Massachusetts) and does not apply directly in Canada. In Canada, similar protection can come from different types of orders, depending on the province or territory and the legal process involved.
Similar Types of Orders in Canada
- Criminal no-contact or non-communication orders made during bail, sentencing, or probation.
- Peace bonds (often under section 810 of the Criminal Code), which can place conditions on someone even without a criminal conviction.
- Family or civil protection orders under provincial or territorial family violence or family law legislation.
- Child protection orders if a child welfare agency is involved.
Names for these orders vary. For example, they may be called “emergency protection orders,” “restraining orders,” or “civil protection orders,” depending on the province or territory.
How Criminal Conditions and Protection Orders Interact
It is possible to have both criminal court conditions (from an arrest) and a separate civil or family protection order at the same time.
- If orders conflict, the stricter condition usually has to be followed, but this can be confusing in practice.
- Police generally enforce criminal no-contact orders and peace bonds directly.
- Family or civil protection orders are also enforceable, but the process can differ by province or territory.
- Changing or cancelling any order generally requires going back to the court or process that made it; telling police or the other person that you “agree” to contact does not usually change a formal order.
If you have more than one order, you can ask a duty counsel, legal clinic, or community legal service in your province or territory to help you understand which conditions apply in daily life. This is legal information, not advice specific to your situation.
6. Safety and Information Support
Criminal investigations and court processes can be slow, and conditions may change over time. Many people find it helpful to:
- Keep a simple written or digital record of important dates, police file numbers, and court file numbers.
- Ask victim services or a community worker to help explain documents in plain language.
- Plan for how to stay as safe as possible if an order is breached, including who you might call and how you might leave quickly if needed.
- Check whether local services for newcomers or settlement agencies can assist with language, immigration concerns, or understanding Canadian systems.
Additional support options across Canada can be found through information and links at DV.Support, which lists services that may help with safety planning, court navigation, or referrals.