WHAT DO POLICE NEED FOR REASONABLE GROUNDS TO LAY A CHARGE FOR DOMESTIC ASSAULT?

Initial Investigation

Police will begin their investigation by interviewing the alleged victim or “complainant”, any other witnesses and the accused. After the preliminary investigation, if the police feel as though they have reasonable grounds to believe an offence occurred, the accused person will be arrested.

Depending on the injuries, the complainant may be taken to hospital. Sometimes, the complainant attends at the police station to make a formal statement. At this time, police will assess whether there are any safety concerns for the complainant and children if there is a family unit of some kind.

When Do Police Lay The Charge?

Domestic assault cases are taken very seriously by police and the prosecution. The test for whether there are reasonable grounds to lay a charge is whether a prudent, cautious and ordinary person, when provided a particular set of facts, would have reason to believe that an offence has been committed.

The police will rely upon injuries to the victim, 911 dispatch, history of the accused and complainant, other damages to the premises, and so forth. A suspicion does not suffice for an arrest.

If you have been arrested for domestic assault or think you will be, contact our office and we will provide you with the advice necessary to defend your rights at the early stages of your case. Domestic assault charges can be very serious and you should contact a lawyer immediately so that the lawyer can begin working on your case right away.