legal

Domestic Violence & Police Response in Michigan

What survivors may experience when Michigan police respond to domestic violence calls.

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POLICE & COURTS

What Happens After Police Are Called for Relationship Violence

Police Scene Procedures

Police procedures can vary by province or territory and by police service, but some steps are common across Canada. The focus is usually on safety first, then evidence.

Initial safety check – Officers typically separate the people involved, look for injuries, and check if anyone needs medical help.
Securing the scene – Police may ask people to stay in certain areas, and may remove weapons or items that could be used as weapons.
Speaking with each person – Police usually talk separately with the person reporting harm, the other party, and any witnesses, including children (in an age-appropriate way).
Taking notes and evidence – This may include photographs of injuries or damage, written notes, and sometimes recordings of statements.
Checking history – Police may check their systems for past calls, existing peace bonds, probation orders, or protection orders.
Language and accessibility support – If language is a barrier, police may try to use interpreters. This can vary depending on location and resources.

In some regions, police policies require officers to lay charges if they have enough evidence of a criminal offence, even if the person experiencing harm does not want charges.

When an Arrest May Happen

Police decide whether to arrest based on the law, the evidence they see, and their policies. An arrest does not automatically mean someone will be kept in jail long-term.

Immediate safety risk – An arrest is more likely if police believe there is a risk of further harm, especially if threats or weapons are involved.
Evidence of a criminal offence – If officers believe they have reasonable grounds that a crime (such as assault, uttering threats, mischief, or harassment) happened, they may arrest.
Breaching a court order – If there is a peace bond, probation order, or protection order and police believe it was breached, they may arrest.
Not following conditions – If a person is already on release conditions (for example, “no contact” or “no alcohol”) and police believe those were broken, arrest is more likely.
Identity and attendance concerns – Police may arrest if they are unsure of the person’s identity, or if they believe the person will not come to court unless arrested.

Even if police do not arrest at the scene, they may still investigate further and lay charges later.

Police Report vs. Criminal Charges

Police “reports” and “charges” are related but different parts of the process.

Police report – This is the record police create when a call or complaint is made. It usually includes what each person said, observations, and any evidence collected.
Police investigation – After a report, officers may follow up with more interviews, evidence collection, and background checks.
Laying charges – If police believe there is enough evidence that a criminal offence occurred, they may lay charges. In many provinces, the Crown prosecutor must also agree that there is a reasonable chance of conviction and that charges are in the public interest.
Police vs. survivor choice – In Canada, the decision to lay or continue criminal charges usually belongs to the police and Crown, not the person who called for help.

You can give information to police and later share your views with the Crown about continuing or changing charges, but you generally cannot “drop” criminal charges yourself.

Conditions of Release

After an arrest, there are different ways a person may be released back into the community, often with conditions meant to reduce risk.

Types of Release

Release from the police station – Sometimes called an “undertaking” or “release on an appearance notice.” Police can set conditions without a judge, within legal limits.
Release by the court – If the person is held for a bail hearing, a judge or justice of the peace decides whether to release them, and on what conditions.
Detention – In some cases, the person may be kept in custody until at least the bail hearing, and sometimes longer, depending on the case.

Common Release Conditions

Conditions vary by case and region, but may include:

No contact – Not contacting a specific person directly or indirectly (for example, through friends or social media).
Not to attend certain places – For example, a home, workplace, school, or neighbourhood.
Residing at a certain address – The person may be required to live somewhere else and not return to the shared home.
No weapons – Often includes firearms and sometimes other items.
No alcohol or drugs – Especially if substance use is linked to the alleged offence.
Curfew – Being at a certain address during specific hours.

Release conditions are legally enforceable. If someone breaches them, police may arrest and new charges may be laid.

How Criminal Cases Interact with Protection Orders (PPOs)

Protection orders, peace bonds, and criminal release conditions can exist at the same time. Different provinces and territories use different terms and processes for family and civil protection orders.

When Both a PPO and Criminal Conditions Exist

Both can apply at once – A person may be bound by a family or civil protection order and by criminal conditions or probation at the same time.
Stricter rule usually followed in practice – If the two sets of conditions do not match, it is generally safer to assume the stricter limit is what police will expect the person to follow.
Different courts, different purposes – Protection orders focus on safety and boundaries. Criminal conditions relate to the criminal charge, public safety, and court attendance.
Changing or cancelling an order – Only a court can change or cancel a protection order or criminal condition, usually through a legal application or court appearance.

Possible Conflicts Between Orders

Contact allowed in one order, banned in another – For example, a family court order might allow limited contact for parenting, while criminal bail conditions say “no contact.” Police will usually enforce the criminal condition.
Living arrangements – A protection order may say the person causing harm cannot attend a shared home. Even if criminal charges are resolved later, the PPO may still remain in place until changed by a judge.
Parenting and exchanges – Sometimes courts adjust conditions to allow for safe child contact, such as supervised exchanges or contact through a third party.

Because systems can overlap, it can be helpful to get information from a legal clinic, duty counsel at the courthouse, or a community organization that understands local family and criminal processes.

Additional support options and information about relationship violence responses across Canada can also be found through resources listed at DV.Support.