Domestic Violence & Police Response in Minnesota
How Minnesota police typically respond to domestic violence calls.
What Happens After Police Are Called in a Relationship Violence Situation
1. What Police Usually Do at the Scene
Police responses across Canada are guided by local policies and laws, so steps can vary by province or territory. Many police services follow similar patterns in relationship violence calls:
- Safety first: Officers usually check for immediate danger, injuries, and weapons, and separate people if possible.
- Basic questions: They may speak to each person separately, ask what happened, and look for signs of injury or property damage.
- Witnesses and surroundings: If others are present (neighbours, children, friends), police may ask what they saw or heard, and look around the home.
- Notes and evidence: Officers may take notes, photographs, and record statements, depending on what they observe.
- Medical help: If anyone is hurt, police may call paramedics or suggest going to a hospital or clinic.
2. How Likely Is an Arrest?
In many parts of Canada, police are encouraged or required to lay charges when they believe an offence related to relationship harm has occurred, even if the survivor does not want charges. This is sometimes called a “pro-charge” or “mandatory charge” approach.
Factors that can affect whether someone is arrested include:
- Visible injuries or medical reports
- Damage to property or signs of a struggle
- Statements from the people involved and any witnesses
- Past police calls or reported incidents between the same people
- Presence of weapons, threats, or stalking behaviours
- Current court orders, probation, or existing conditions
If police believe a crime has likely occurred and the person is still present or can be located, an arrest is more likely. If the person has left and risk appears lower, police may instead decide to recommend charges later by way of a summons or warrant.
3. Police Report vs. Criminal Charges
It can be helpful to understand the difference between a police report and criminal charges:
- Police report: When police attend, they usually create an internal report or occurrence record describing what they observed, who was involved, and what actions they took. This may happen even if no one is arrested.
- Criminal charges: Charges are formal accusations that a person committed a criminal offence. In most of Canada, police lay charges or recommend them, and the Crown prosecutor (or similar authority) decides whether to continue with the case.
Key points to know:
- You can share information with police without being the person who “presses charges.” The decision to lay and continue charges usually belongs to police and Crown, not the survivor.
- Even if a survivor later wants charges dropped, the Crown may continue if they believe it is in the public interest and there is enough evidence.
- In some situations, police may take a report, provide referrals, and not lay charges immediately, especially if they believe there is not enough evidence or risk appears lower at that moment.
4. Release, Bail, and Conditions (Sometimes Called “Bond”)
After an arrest, what happens next can differ depending on the seriousness of the allegations, local practice, and the person’s history. Common possibilities include:
- Release at the station: For some offences, police may release the person after charging them, usually with written conditions and a promise to attend court later.
- Holding for a bail hearing: In more serious situations, or where risk is believed to be higher, the person may be held for a bail hearing (also called a judicial interim release hearing).
- Conditions or “no contact orders”: If the person is released, a judge, justice of the peace, or police (in some situations) may set conditions the person must follow.
Common types of conditions in relationship violence cases may include:
- No contact (in person, phone, text, social media, or through others) with the person listed
- No going to the home, workplace, school, or other listed locations
- No possession of weapons or firearms, and possible surrender of any that exist
- Rules about alcohol or substance use
- Reporting to a police station at certain times
These release conditions are meant to reduce risk while the criminal case is ongoing, but they can also affect daily life, parenting arrangements, and housing.
5. How Criminal Conditions Connect to Family Court
Criminal proceedings and family court are separate, but they can affect each other. Possible connections include:
- Impact on parenting time: If criminal conditions say there can be no contact or no attendance at the family home, parenting time or exchanges may need to be supervised, done through a third party, or adjusted by a family court order.
- Evidence in family cases: Police reports, criminal charges, and release conditions may be considered in family court when judges are deciding about parenting, decision-making responsibility, or contact.
- Conflicting orders: Sometimes, criminal conditions and family court orders appear to say different things. Usually, people are advised to follow the stricter condition until a court changes it, but this can be complex and may require legal guidance.
If both criminal and family court processes are happening, the timing of hearings and decisions can affect one another. It is common for one court to want information about what is happening in the other process.
6. Police, Criminal Cases, and Protection Orders (OFPs)
In many parts of Canada, survivors can apply for civil protection orders through family or civil court. These orders are sometimes called:
- Family violence protection orders
- Emergency protection orders
- Restraining orders or no-contact orders (under family law)
- Other similar terms, depending on the province or territory
Criminal no-contact and civil or family protection orders can exist at the same time, and may not say exactly the same thing. Important points:
- Different systems: Criminal no-contact conditions come from the criminal court process. Civil/family protection orders come from family or civil courts.
- Enforcement: Police usually enforce both criminal conditions and valid protection orders when they become aware they are being breached.
- Applying without charges: In many provinces and territories, it may be possible to apply for some types of protection orders even if there are no criminal charges.
- Short-term vs. longer-term: Emergency orders may be short-term, and longer-term orders may require a later court hearing.
7. Planning Around Police Involvement
Thinking ahead about what might happen if police are called can help reduce some uncertainty. Some people consider:
- What information they would want police to know about risks, children, or weapons
- Where they might stay if the person is released quickly or becomes more upset
- How criminal conditions could affect parenting, immigration, housing, or finances
- Which trusted supports or services they might contact afterward
Some community and anti-violence organizations provide information about police processes, safety planning, and navigating both criminal and family courts. Additional support options across Canada can be found through resources listed at DV.Support.