legal

Domestic Violence & Police Response in North Dakota

What survivors may expect when ND police respond to domestic violence cases.

North Dakotapolice

EMERGENCY & POLICE

What Often Happens After Calling Police About Relationship Harm

When Police Arrive

Police responses can vary by province, territory, and local policy, but there are some common steps that often happen when someone reports relationship harm or threats.

Initial safety check: Officers usually check for immediate danger, injuries, visible weapons, and anyone who needs urgent medical help.
Separating people: Police may speak to each person separately to reduce tension and get basic information about what happened.
Statements and notes: Officers may ask you, the other person, and any witnesses for information and may write notes or take recorded statements.
Photos and evidence: They might photograph injuries or damage and may collect items like broken objects or messages on a phone if they are relevant.
Checking history: Police may check for previous calls, existing protection orders, or any outstanding warrants.
Decision time: Using what they see and hear, along with local policies, they decide whether to lay charges, make an arrest, or take other steps.

If you are unsure about giving a statement, you can calmly say you need things explained in simple language. Police cannot give you legal advice, but they can usually explain the process.

How Likely Is an Arrest?

The likelihood of arrest depends on the laws in your province or territory, the evidence available, and police policies where you live.

Evidence-based decisions: Police generally decide to arrest based on what they observe (injuries, damage, upset children, threats made, etc.) and any statements or messages they see.
Mandatory or pro-arrest policies: In many parts of Canada, police are encouraged or required to lay charges if they have reasonable grounds to believe an offence occurred, even if the survivor does not want charges.
Risk factors: Arrest is more likely if there are serious injuries, weapons, death threats, repeated incidents, or breaches of an existing court order.
Dual arrest concerns: Occasionally, police may arrest more than one person if they believe both committed offences. This can be confusing and stressful.

Police decisions about arrest are not personal judgments about who is “believed” or “at fault.” They are based on legal standards and local policy, which can sometimes feel unfair or unclear.

From Police Report to Prosecutor

After an incident, the file usually moves from police to the Crown prosecutor (also called Crown counsel or Crown attorney). The exact steps and timelines differ across Canada, but often include:

Police prepare a report: Officers complete written reports, attach notes, photos, and statements, and list possible criminal charges.
File sent to Crown: The case file is forwarded to a Crown prosecutor, who reviews the information and decides whether to proceed with the charges proposed by police.
Crown review: The Crown usually considers whether there is a reasonable prospect of conviction and whether it is in the public interest to continue.
Charge approval or change: The Crown may approve the charges, change them, add new ones, or decide not to proceed. This process is not always quick.
Communication with you: In many areas, a victim services worker or Crown office may contact you later to explain the next court dates and ask about your safety concerns.

Even if you later want charges dropped, the decision to continue or stop the case usually belongs to the Crown, not the person who called police.

Release Conditions After an Arrest

If someone is arrested, they are not always kept in custody until trial. They may be released with conditions, or they may be held for a bail hearing. Outcomes vary by region and by the details of the incident.

Common Types of Release

Release from the police station: Sometimes the person is released by police on a promise to appear in court, with written conditions.
Bail hearing: In more serious or higher-risk situations, the person might be held for a short time and brought before a judge or justice of the peace, who decides on release and conditions.
Detention: In some cases, the court may order that the person remain in custody while the case is ongoing, but this is not the most common outcome.

Examples of Release Conditions

Conditions are rules the person must follow while out of custody. They can differ from case to case, but often include things like:

No contact with you (in person, phone, text, email, social media, or through others)
No coming to your home, work, school, or other listed places
No using alcohol or drugs, or no going to certain locations (like bars)
Staying in a certain area or obeying a curfew
Not possessing weapons

If you are unsure about what the release conditions mean, you can ask victim services, duty counsel, or the Crown’s office to explain them in clear language. If you become aware of a breach of conditions, you can choose whether to report it to police.

Planning Around Changing Risk

Risk can change after police are involved, especially if the person is released with conditions or is upset about the involvement of the justice system. Some people feel safer after an arrest; others feel that risk goes up for a while.

Consider how the person has reacted in the past when angry, embarrassed, or confronted.
Think about safe places you could go if you need time away.
Decide what communication, if any, feels safest if there is lawful contact.
Store important documents and medications where you can access them quickly if needed.

For lists of support options across Canada, including shelters and legal information services, you can also look at resources linked through DV.Support.