Domestic Violence & Police Response in Wyoming
What survivors may expect during a Wyoming police response to a DV incident.
What Happens After Police Are Called for Relationship Harm
When Police First Arrive
When police respond to a call about relationship harm, their main role is to check immediate safety and gather basic information. What they do can vary by province or territory and by what they see or hear at the scene.
- They usually separate the people involved to speak with each person privately, if possible.
- They may ask about any injuries, threats, children present, or weapons in the home.
- They may look around for signs of property damage, injury, or weapons.
- They might speak to neighbours, family members, or others who saw or heard something.
- They may call paramedics if anyone needs medical care.
When Police Might Arrest vs When They Take a Report
Across Canada, police generally decide whether there are grounds to believe a criminal offence has been committed. Their options often include arresting a person, releasing them with conditions, or taking a report without an arrest at that moment.
Situations Where Police May Arrest
- They believe an assault, threat, or other offence has happened or is happening.
- They believe someone may be in ongoing danger if the person is not arrested.
- They need to identify the person or believe the person might not show up in court.
- There are past reports, breaches of conditions, or a pattern of reported harm.
If police arrest someone, they may either keep them in custody for a bail hearing, or release them with written conditions to follow until the court date.
Situations Where Police May Take a Report Only
- They do not believe they have enough grounds to make an arrest at that time.
- The person believed to have caused harm has already left and cannot be found.
- The information is unclear, conflicting, or there is limited evidence.
- The report relates to past incidents that are difficult to prove immediately.
Even if police do not arrest someone on the spot, they may still:
- Write an occurrence report that becomes part of their records.
- Follow up later to gather more information or locate the person involved.
- Send the file to a prosecutor or Crown for review.
The Role of the Prosecutor (Crown)
In Canada, the prosecutor (often called the Crown attorney or Crown counsel) is the lawyer who represents the government in criminal cases. The prosecutor does not act as a personal lawyer for the person who experienced harm or for the person accused.
- Reviews the police file to decide whether to approve or continue charges.
- Decides which specific Criminal Code charges to proceed with, if any.
- May ask police for more investigation or more information.
- Represents the public interest, which includes safety and fairness, not one person’s side.
- May speak with the person who experienced harm to understand safety concerns and impacts.
- Makes decisions about bail positions, possible resolutions, or going to trial.
The person who experienced harm usually does not control whether charges go ahead or are dropped. That decision is typically made by the prosecutor based on the evidence and public interest tests used in that province or territory.
No-Contact and Other Court Conditions
No-contact conditions are rules set by the court or police that limit or prevent contact between the person accused and the person who experienced harm. These rules are meant to reduce risk while a case is open.
Common Types of No-Contact Conditions
- No direct contact: No in-person, phone, text, email, or online contact.
- No indirect contact: No messages through friends, family, or social media.
- Stay-away conditions: Must stay a certain distance from a home, workplace, school, or other locations.
- Weapons conditions: Must not possess weapons, and may need to surrender any firearms.
- Substance-related conditions: Sometimes include not using alcohol or drugs, depending on the case.
Where Conditions Can Come From
- Police release: When police release an arrested person with a written promise or undertaking that lists conditions.
- Bail order: Conditions ordered by a judge or justice at a bail hearing.
- Peace bond or similar order: In some situations, a court may order conditions even without criminal charges, depending on local law and practice.
- Sentencing or probation order: Conditions that apply after someone is found guilty or pleads guilty.
If No-Contact Conditions Are in Place
If no-contact conditions exist, they usually apply even if the person who experienced harm wants contact. Breaching conditions can lead to new criminal charges for the person bound by the order.
- Keeping a copy of any conditions can help when speaking with police or service providers.
- Some people adjust their routines, online settings, or communication methods to match the conditions and their comfort level.
- Courts may change or remove conditions later if circumstances change, usually through a formal process.
Additional support options across Canada, including non-legal services that understand police and court processes, can be found through resources listed at DV.Support.