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What if the police do not charge my partner?

If the police do not charge your partner with a crime, you can ask them why. It is helpful to write down the officers’ names and badge numbers.

You can ask to speak to the officer in charge of the police station or the domestic violence co-ordinator if there is one at that station.

If you are not satisfied with the police response, you can make a complaint to the Office of the Independent Police Review Director (OIPRD). You can call OIPRD toll-free at 1-877-411-4773 or go to oiprd.on.ca.

You should get advice from a criminal lawyer before you make a complaint. See General legal services. The lawyer can help you to understand the OIPRD process. They can also help you to think about other ways to deal with your concerns.

Bringing a charge on your own

If the police do not charge your partner, you can go to court to start your own criminal charge against your partner. You can start a criminal charge for a crime that happened recently, or for one that happened in the past. But if you wait a long time, you might have to explain why you waited.

Starting your own criminal charge is also known as a “private prosecution”. This can take a long time and does not always result in your partner being charged.

To start a criminal charge, go to the Justice of the Peace (JP) office and tell them you want to start a private prosecution. To find a JP, call your local court or go to ontariocourts.ca/ocj/how-do-i/find-a-justice-of-the-peace. Court staff will give you the forms you need. You must promise that everything you put in the forms is true.

You will have a special hearing in private with a judge or a JP. Tell the judge or JP what happened and show them any evidence you have. For example, if you called the police, bring a copy of the police occurrence report. Or if you have evidence of your injuries, you can show photographs or medical reports.

The judge or JP will decide if there is enough evidence to issue a summons or warrant to make your partner come to court. If there is, there will be a court hearing to determine whether there is enough evidence to charge your partner with a crime.

Court-ordered protection

It can be dangerous to stay with your partner after starting a private prosecution because they might become more violent. If you are concerned about your safety or your children’s safety, you can apply for a peace bond in criminal court. Or, you might be able to apply for a restraining order in family court.

Part 6 has more information about the types of court orders that can keep you safe.

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