YWCA Fresh Start start 3:Layout 1 - YWCA Canada

FRESH START under the Criminal Code of Canada, which applies to all provincesand territories. These include:• Assault: if your partner threatens, attempts or uses physical forceagainst you. There are different kinds of assault charges dependingon the degree of intent and harm caused. An assault charge can belaid even if there are no physical injuries.• Sexual assault: if your partner coerces or forces you to engage insexual activity against your will.• Criminal harassment: if your partner threatens or stalks you.The police are required to lay criminal charges if they have reason tobelieve an offence has been committed. This could includethreatening to do something that has not yet happened, if the threat isrealistic and believable. This is often called “mandatory charging.”Because of mandatory charging, sometimes women get charged whenthey were not doing anything wrong. For example, you might havepushed at your partner to protect yourself or your children or yourpartner might lie to the police and tell them you hit him when youdid not. In this kind of situation, if the police are not as thorough asthey should be when they investigate, you could be charged. This iscalled dual or counter charging.It can be extremely problematic because, if you are both charged,your children may be taken into care by the child protectionauthority. If you are charged and your partner is not, your chargescould make it difficult for you to get custody of your children.If you call the police, be sure to tell them about the history of abuse aswell as the specific incident that led you to call them. It is easier forthem to lay the appropriate charges if they know the background andknow who is the primary aggressor (the person who is the mainabuser in the relationship generally). If you are charged, it is veryimportant for you to speak with a lawyer as soon as possible. Even ifyou hit or pushed your partner, you may have a defence to the chargeif you did so to protect yourself or someone else such as a child.Although it might be tempting to plead guilty just to get the case overwith, you should meet with a lawyer to review all the facts beforemaking this decision.If the police believe a criminal offence has occurred and your partneris no longer on site, they will attempt to find and arrest him. If hecannot be found, the police may obtain a warrant for his arrest.45