DOMESTIC VIOLENCE HANDBOOK for Police and Crown Prosecutors in Alberta A Domestic Violence Handbook For Police Services and Crown Prosecutors in Alberta Prepared by: Alberta Justice and Solicitor General Criminal Justice Division Updated: January 2013 Alberta Justice Communications 3rd Floor, Bowker Building 9833 – 109 Street Edmonton, Alberta T5K 2E8 Tel: 780.427.8530 Fax: 780.422.7363 Website: http://justice.alberta.ca/ For toll-free access to Alberta government offices, dial 310-0000 and then enter the ten digit number, or press 0 and hold for operator assistance. ISBN 0-7785-4152-5 Revised XXXX 2011 This Handbook is dedicated to the memory of Cole Harder and all other innocent victims of domestic violence homicides. Naomi Manuel with her two-year old son Cole Harder. 3 4 Table of Contents 1) A True Story ........................................................................................................7 2) Introduction .........................................................................................................9 3) Definition of Domestic Violence ......................................................................11 4) Family Violence Initiatives in Alberta ..............................................................12 5) What We Know About Domestic Violence ......................................................20 6) Understanding the Abuser .................................................................................23 7) Understanding the Victims of Domestic Violence ............................................29 8) Children Exposed to Family Violence ..............................................................34 9) Aboriginal Victims of Domestic Violence ........................................................38 10) Language Barriers and Immigration Status .......................................................40 11) Gay/Lesbian/Bisexual/Transsexual Victims of Domestic Violence .................42 12) Elder Abuse .......................................................................................................45 13) Domestic Violence and People Who Have a Disability ....................................51 14) Relationship Between Animal (Pet) Abuse and Family Violence ....................53 15) Safety Planning for Victims ..............................................................................55 16) Best Practices for Police Investigating Domestic Violence ..............................60 17) Gathering and Documenting Evidence ..............................................................61 18) Investigating Criminal Harassment ...................................................................66 19) Dominant Aggressor / Dual Charging ...............................................................79 20) Strangulation / Choking .....................................................................................86 21) Primary Risk Factors for Homicide ...................................................................90 5 22) Show Cause Hearings ........................................................................................92 23) Best Practices for Crown Prosecutors Addressing Victim’s Issues ................102 24) Other Court Proceedings .................................................................................107 25) Firearms ...........................................................................................................120 26) Sentencing Domestic Violence Cases .............................................................124 27) Bibliography ....................................................................................................129 6 A TRUE STORY My name is Shayleen Richtik, I am a “Survivor” of domestic violence, and this is my story... It was early June and I had been dating my boyfriend for almost 2 years. I started to notice some control issues and red flags, a couple months before that I didn't like. After talking to my friends and family, I quickly came to the conclusion that I should end the relationship. It was June 14th 2006, I had just finished school for the day and went to work. My boyfriend had been calling my cell phone all day. Just before closing, he called the store, and my boss answered. As I took the phone from him, a friend announced that my boyfriend was waiting outside. This was one of the many reasons I didn’t want to continue on with the relationship. After cancelling dinner with my co-workers, I headed outside. My boyfriend asked me to come with him but I had driven to work that day and said I would follow him to my parent’s house where I lived. On the way there he drove up beside me and ran me off the road into a parking lot where he began yelling that he knew I was going to break it off with him. After a short period of time I convinced him to just continue on to the house. When we arrived my mother could tell I was upset, and tried to comfort me. My boyfriend became irritated and began to cry to my mom that he didn’t want me to leave him. After about 2 hours of talking with him, I had ended the relationship. By this time he had drank himself stupid, so I told him to stay the night. I was woken up at about 8am June 15th 2006. He wanted me to “go to one last breakfast” together. I didn’t feel well that morning and begged him to just leave. He grabbed my arm and gave me socks and said “I have one last day with you, we are going.” He started driving towards his house where he lived with his parents. He told me he was just going to change. After parking the car in the garage he got out and walked around the car. Opening my door, he asked me to get out and hug him. After I did so, he jumped in the backseat rather quickly. He told me he wanted to talk some more, and didn't want to hurt himself or his car like he had done in the past. I got in the front passenger seat. He began begging me to stay with him and I replied that I couldn't. He said “OK, then tell me one last time whether we can make this work?” I said no and he said “OK, then I have a present for you... before I knew it he had wrapped a key lanyard around my neck and began to strangle me. As I struggled, I was able to turn myself around, and face him. I punched him in the face and fell unconscious... When I woke up we were on Highway 1 heading west. I looked at him and he said “that's disgusting! Clean your teeth.” I wiped the blood from my teeth and ear, and told him that it was all my fault and if he would just take me to the hospital we could run away together and no one would have to know what really happened. After about an hour of convincing, he believed me and pulled into the Canmore hospital. He told them a story that he had made up as to how I incurred these injuries. They took me into a room alone and I requested the RCMP. They arrived and took him in to custody. That fateful day has taught me a lot. I am so thankful to everyone that helped me through it, especially the Calgary Police Service and Homefront. With a couple great officers and a wonderful case worker, I was able to fight the whole way to have him sentenced and eventually 7 deported. Domestic Violence should not be something people are afraid to talk about. If I had of known more about it, it might not have happened. Shayleen’s Injuries, 1 day after the assault 8 INTRODUCTION On July 8, 1982, the House of Commons unanimously adopted a motion that “Parliament encourages all Canadian police forces to establish a practice of having the police regularly lay charges in instances of wife beating, as they are inclined to do with any other case of common assault.”1 This motion was initially greeted with “laughter and jeers.”2 On July 15, 1982, the Solicitor General of Canada wrote a letter to the Canadian Association of Chiefs of Police requesting their support and co-operation in addressing spousal abuse and strongly encouraged them to lay charges in wife assault cases.3 Today, charging and prosecution policies on domestic violence remain in effect in all provinces and territories. All jurisdictions continue to support a similar criminal justice system response, the primary objective of which is the criminalization of family violence. This sends a strong and clear message to society that this behaviour is wrong and seeks to prevent the individual abuser from committing further acts of violence. The criminal justice system still faces many challenges in ensuring a sensitive, responsible and constructive response to family violence. Despite pro-charge and pro-prosecution policies, advances in legislation such as the Protection Against Family Violence Act, and the provision of a wide range of services for victims and offenders, the effects of domestic violence continue to harm many families every year. In 2009, approximately 6.2% of Canadian women indicated they had experienced spousal violence within the past five years.4 Within Alberta, this percentage increased to 7.6%, although this marks a significant decrease from 2005 when Alberta experienced the highest rates of domestic violence in Canada (10%).5 From April 2009 to March 2010, Alberta’s domestic violence shelters accommodated 6,169 women and 5,601 children. During this same time frame, 9,934 women and 6,342 children were unable to be accommodated and were turned away.6 According to police-reported data for 2010, there were almost 99,000 victims of family violence across Canada, comprising 25% of all victims of violent crime. Approximately 49% of these family violence victims were spouses while the remaining 51% of victims were parents,