Domestic Violence & Police Response in Missouri
What survivors can expect when Missouri police respond to domestic violence calls.
Understanding Police Response and Criminal Cases in Canada
1. When Police Respond to a Call
Police response can look different across Canada, but there are some common steps that often happen when police are called about relationship harm, family violence, or threats.
- Initial assessment: Police usually separate the people involved to speak with them one at a time and to reduce tension.
- Safety check: Officers look for immediate injuries, weapons, and anyone who might need medical help or emergency shelter.
- Statements: Police may take short statements at the scene, and sometimes longer written or recorded statements later.
- Evidence gathering: This can include photos, messages, call logs, damaged items, or statements from neighbours and other witnesses.
- Risk assessment: In many areas, police use tools or checklists to understand the level of risk and what safety steps could be helpful.
- Deciding next steps: Based on what they see and what the law in that province or territory requires, police decide whether to arrest, issue a warning, or take other action.
In many parts of Canada, police policies encourage or require charges to be considered when there are signs of an offence, especially in family or intimate partner situations. However, exact practices vary by province and territory.
2. The Difference Between a Report and an Arrest
Making a Police Report
A report is information given to police about a concern, threat, or crime.
- You can usually report in person, by phone, or sometimes online.
- You can describe what happened, when, where, and who was involved.
- Police may open an investigation, ask more questions, or refer you to community resources.
- In some situations, police may decide not to lay charges right away or at all, even if a report is made.
What an Arrest Means
An arrest is when police legally detain a person because they believe an offence has been committed.
- The person may be handcuffed and taken to a police station or detention centre.
- Police must explain that the person is under arrest and, in most situations, the reason for the arrest.
- The person has rights on arrest, including the right to speak with a lawyer.
- Police may hold the person for a bail hearing or release them with conditions, depending on the situation and local practices.
Reporting does not always lead to an arrest. In some cases, once police believe an offence occurred, they may be required by policy to consider charges even if the person who reported does not wish to continue.
3. How a Criminal Case May Move Through the System
Criminal processes can be complex and vary across Canada, but many cases follow a general path when charges are laid.
Step 1: Investigation and Charges
- Police gather information and evidence after a report or a call for service.
- If they believe there is enough evidence that a crime occurred, they may lay a criminal charge (or recommend charges, depending on the province or territory).
- The person charged is sometimes called the “accused.”
Step 2: Release or Bail Hearing
- Police may release the accused with conditions (for example, not contacting a specific person), or keep them for a bail hearing.
- A bail hearing usually happens within a short time frame, often within 24 hours, but timing can vary.
- A judge or justice of the peace decides whether the accused is released, under what conditions, or kept in custody while the case continues.
Step 3: First Court Appearances
- The accused appears in court to hear the charges formally.
- They may get disclosure, which is the information the Crown (prosecutor) plans to use in the case.
- The case may be adjourned several times, which means new dates are set while lawyers review evidence or discuss possible resolutions.
Step 4: Possible Paths the Case Can Take
- Guilty plea: The accused may choose to plead guilty, sometimes as part of a resolution discussion.
- Trial: If the accused pleads not guilty, there may be a trial where witnesses can be called and questioned.
- Withdrawal or stay: The Crown may decide not to continue with the case if they believe there is not enough evidence or if another resolution is chosen.
Step 5: Sentencing
- If there is a guilty plea or a finding of guilt after trial, the judge decides on a sentence.
- Sentences can range from discharges and probation to fines or jail time, depending on the offence and circumstances.
- Conditions like no-contact orders, counselling requirements, or weapons bans may be included.
Only the Crown prosecutor decides whether criminal charges move forward or are withdrawn. The person who experienced the harm is usually an important witness, but is not in charge of the criminal case.
4. Conditions of Release and What They Can Include
When someone is released by police or by a court, there are often rules they must follow, called conditions of release.
Common Types of Release
- Police release documents: Such as a promise to appear, an undertaking, or a release order with conditions.
- Bail (judicial interim release): A judge or justice of the peace orders release, often with specific conditions and sometimes with a surety (a person who agrees to supervise the accused).
Examples of Release Conditions
- No direct or indirect contact with a specific person.
- Not attending certain addresses, workplaces, or schools.
- Staying a certain distance away from a person or place.
- Not possessing weapons or certain items.
- Following curfew or residence rules.
- Attending court when required.
Conditions of release are enforceable by police. If the accused is believed to be breaking them, this can lead to new criminal charges and possible arrest.
5. How Release Conditions and Protection Orders Work Together
There can be more than one type of order in place at the same time. This can feel confusing, especially when the language does not match exactly.
Common Types of Protective Orders
- Criminal no-contact orders: Built into release conditions, probation, or sentencing orders.
- Civil or family protection orders: Sometimes called protection orders, restraining orders, or emergency intervention orders, depending on the province or territory.
When Criminal Conditions and Protection Orders Conflict
Sometimes a family court order, civil protection order, or parenting order may say one thing, and criminal release conditions say something different.
- Police usually follow the stricter criminal conditions first, especially for no-contact requirements.
- Courts may need to adjust one or more orders so they are consistent.
- If a person with conditions is invited to contact someone, the criminal order may still forbid it; the accused is generally responsible for obeying their conditions.
If you are unsure how different orders work together, it may help to speak with a legal clinic, duty counsel at the courthouse, or a community support worker. These services can often explain options without charge, but they cannot guarantee results.
6. Safety and Support While a Case Is Open
Criminal cases can last months or sometimes longer. During this time, safety planning and clear information can be important.
- You can ask police or victim services (where available) to explain what conditions are in place.
- You can keep copies of any orders or conditions that mention you or your children.
- You can note and safely store any possible breaches (for example, unwanted messages or visits), if it feels safe to do so.
- Community-based support workers can sometimes help you understand updates in the case and explore non-legal safety steps.
Additional support options across Canada, including some that help explain the justice process, can be found through resources listed at DV.Support.