Domestic Violence & Police Response in New York
What survivors may experience when domestic violence is reported to New York police.
What to Expect When Police Get Involved in Relationship Violence
When Police Arrive: What Usually Happens
Police practices can vary by province and territory, and by police service. The steps below describe common patterns across Canada, but the details in your area may be different.
Initial Safety and Separation
- Police usually separate the people involved to talk to each person one‑on‑one.
- They check for immediate injuries and may call paramedics if needed.
- They may move people to different rooms or outside to reduce tension and risk.
- They may remove weapons or obvious hazards they can see.
Speaking With Police
- You can tell police if:
- there were threats, strangling, weapons, or past incidents
- children, older adults, or others are present and may be at risk
- you are afraid of what might happen after police leave
- Police may ask about:
- what happened just before they arrived
- any history of harm, control, or threats
- injuries, damage to property, or weapons
- They may take photos of injuries or damage, and may collect items as evidence.
Children and Other Family Members
- Police may ask to see or speak with children to check if they are safe.
- If there are concerns about a child’s safety, child protection services may be contacted. This does not always mean a child will be removed, but it may start an assessment.
- Police may also ask if there is someone safe who can stay with you or the children.
Mandatory or “Pro‑Charge” Situations (Plain Language)
Across much of Canada, police use “pro‑charge” or similar policies in intimate partner violence cases. This generally means police are expected to lay charges when they have enough evidence, rather than leaving it up to the survivor to decide.
When Police Are More Likely to Lay Charges
Each province and territory has its own policies, but police are often required or strongly expected to lay charges when:
- They believe an assault happened (for example, hitting, pushing, choking, or other non‑consensual physical contact).
- There are clear injuries, even if you do not want charges.
- There are serious threats to kill or seriously harm someone.
- Weapons were used or shown in a threatening way.
- There is a pattern of ongoing violence or serious control.
- There is a court order, peace bond, or no‑contact condition already in place, and it was broken.
Primary Aggressor Decisions
- Police are expected to look for the “primary aggressor” rather than automatically charging everyone involved.
- They may ask detailed questions about:
- who was afraid of whom
- who has injuries and how they happened
- any past reports or police calls
- In some cases, police may arrest more than one person, depending on what they observe and what the evidence suggests.
From Police Report to Crown Prosecutor
In Canada, criminal cases are usually handled by Crown prosecutors (sometimes informally called “the Crown”). Terms like “District Attorney” are more common in the United States. The role, however, is similar: they decide whether to pursue charges in court on behalf of the public.
After an Arrest or Report
- Police gather information:
- notes from interviews
- photos of injuries or damage
- medical records where available
- other evidence like messages or recordings, if provided
- Police prepare a report and recommend charges if they believe a criminal offence happened.
- The file is sent to a Crown prosecutor (or similar official, depending on the province or territory).
How the Crown Decides What Happens Next
The Crown usually reviews the police file to decide whether to continue with charges. They generally look at:
- Is there a reasonable chance of conviction, based on the evidence?
- Is it in the public interest to go ahead with the case?
Possible outcomes include:
- Proceeding with the original charges.
- Changing the charges (more or less serious).
- Staying or withdrawing the charges in some situations.
- Considering alternative or diversion options, where available.
Your Role During This Stage
- You may be contacted for more information or to clarify your statement.
- You can tell the Crown or victim services about ongoing safety concerns, such as:
- fear of retaliation
- texting, calls, or messages that continue after the incident
- pressure from family or community
- In some regions, victim services can help explain the process and support communication with the Crown’s office.
Some national support options and information about navigating systems across Canada can be found through resources listed at DV.Support.
Release From Custody, Conditions, and No‑Contact Orders
After an arrest, the person accused will usually either be:
- released by police with conditions, or
- kept in custody for a bail hearing (also called a judicial interim release hearing), usually within a short time frame.
Common Release Conditions
Conditions vary by case and province/territory, but may include:
- No contact with you (in any way, including through others or online).
- Not attending your home, workplace, school, or other specified places.
- Not possessing weapons.
- Following a curfew or living at an approved address.
- Staying away from alcohol or drugs in some situations.
Understanding “No‑Contact”
No‑contact conditions usually mean the accused person must not:
- Call, text, email, or message you on social media.
- Send messages through friends, family, or others, unless specifically allowed.
- Approach you in public or private places listed in the order.
Some conditions may allow limited contact about children, often through a third party or written method. The exact wording of your order or release document is important.
What If Conditions Are Broken?
- Breaking conditions (breach) can itself be a criminal offence.
- If it is safe to do so, you can report breaches to police and provide any evidence, such as:
- screenshots of messages
- call logs
- notes about dates, times, and what happened
- Police may investigate and, depending on the situation and policies in your area, may lay additional charges.
Safety Planning Around Police Involvement
Police and court involvement can sometimes increase risk in the short term, especially around the time of an arrest, release, or first court appearances. You might consider:
- Letting a trusted person know about key court dates, if this feels safe.
- Keeping copies (or photos) of any protection or no‑contact documents somewhere safe.
- Saving messages, screenshots, or voicemails that might show ongoing harassment or breaches.
- Planning safer ways to move between home, work, and school if the person might be nearby.
If You Have Questions About the Process
Because criminal justice processes differ across Canada, consider:
- Victim services programs connected to your local police, courts, or province/territory.
- Legal clinics or duty counsel that offer free or low‑cost information about criminal and family law issues.
- Community‑based anti‑violence organizations that can help explain typical local practices.