legal
Domestic Violence & Police Response in South Dakota
What survivors may expect when SPD or local police respond to DV calls.
South Dakotapolice
SAFETY & THE LAW
When Police and Courts Get Involved After Relationship Harm
1. What Usually Happens When Police Are Called
If police are called about relationship harm in Canada, they generally follow a set process. Details can vary by province or territory and by the specific situation.
- Arrival and safety check: Police usually separate the people involved, check for immediate danger, and look for injuries or weapons.
- Basic questions: They may ask what happened, who was present, and whether anyone is injured or needs medical help.
- Witness and neighbour checks: Officers might speak with other people in the home or nearby who may have seen or heard something.
- Evidence review: Depending on the situation, police might look at visible injuries, damage to property, messages, call logs, or other information.
- Children present: If children are involved or nearby, officers may ask extra questions to understand their safety.
- Next steps decision: Police decide whether to leave things as a documented report, give a warning, or make an arrest, based on what they see and hear, local policies, and criminal law.
In many parts of Canada, police policies encourage or require charges to be considered when there are signs of relationship violence, even if the person harmed does not want charges.
2. Arrest vs. Report: What Is the Difference?
Police involvement does not always mean someone will be arrested. Sometimes officers only make a record of the incident.
Police Report Only
- What it is: Police document what was reported, what they observed, and any statements taken.
- When it might happen: If there is not enough evidence of a crime, or if what happened does not meet the threshold for a criminal charge, officers may choose to document and not arrest.
- Why it matters: A record can show a pattern if you contact police again in the future.
Arrest
- What it is: Police take a person into custody because they believe a criminal offence may have been committed.
- Who decides: Police decide whether to arrest based on evidence and local policies, not only on what the person harmed wants.
- What may happen next: The person arrested might be:
- Released at the scene with a promise to appear in court later, and possibly some conditions, or
- Taken to the station or held for a bail hearing to decide if they stay in custody or are released with conditions.
Asking police “what are my options?” may help you understand whether they plan to write a report, make an arrest, or take some other step. This is information only; it is not legal advice.
3. How Prosecutors Get Involved
Prosecutors (also called Crown counsel or Crown attorneys) represent the government in criminal cases. They do not act as personal lawyers for the person who was harmed.
- Police send information: After an arrest or investigation, police usually send a report and evidence to the prosecutor’s office.
- Charge decision: In some places, police lay charges directly; in others, prosecutors decide whether to approve charges. Both use legal tests about evidence and public interest.
- Case management: If charges go ahead, the prosecutor:
- Prepares the case for court
- May speak with the person harmed about what happened and about safety concerns
- Decides which evidence and witnesses to present
- Role of the person harmed: The prosecutor may consider the wishes of the person harmed, but the final decision to continue or stop a case belongs to the prosecutor, not the individual.
You can ask police or the Crown office how you will receive updates about the case, such as court dates or changes to release conditions.
4. Understanding No-Contact and Related Orders
No-contact rules can come from different sources. They usually limit or forbid contact between the person charged and the person harmed, and sometimes other family members.
Criminal No-Contact Conditions
- Police release conditions: If someone is released after an arrest, police may include conditions like “no contact” with the person harmed, or not to attend the home, workplace, or school.
- Bail or release orders: A judge or justice can set no-contact and “no-go” conditions when deciding if someone can be released from custody while charges are active.
- Probation orders: If someone is convicted, probation conditions can include no-contact and no-go zones for a set period.
What No-Contact Can Mean in Practice
- No in-person contact at home, work, school, or public places
- No phone calls, texts, emails, social media messages, or contact through friends or relatives
- Limits on being within a certain distance (for example, not within a specified number of metres)
Provinces and territories may also have family or civil protection orders, which are different from criminal no-contact conditions. The names and processes for these orders vary across Canada.
Things to Know About No-Contact Orders
- Who is responsible: The person who is ordered not to contact must follow the order. The person protected by the order is not responsible for enforcing it.
- Changes to conditions: Only a court or other authorized decision-maker can change or cancel an order. Informal agreements to ignore conditions can still lead to charges.
- Reporting concerns: If you feel unsafe or believe conditions are being broken, you can tell police what is happening so they can decide what action to take.
For additional information about safety planning and support options in many parts of Canada, you can explore resources listed at DV.Support. This is for general support information only and does not replace legal, health, or emergency services.