What if the police arrest or charge me?

The police can only charge you if they think you committed a crime. Sometimes this happens in family violence situations because both partners use physical force against each other.

If the police arrest you, they must:

tell you why
only search you in a reasonable way
let you speak to a lawyer

You must give your correct name and date of birth, but you do not have to answer any other questions.

It is a good idea to speak to a criminal lawyer as soon as possible. The police must give you a private phone line and a private place to speak to the lawyer. Usually, this is a room at the police station.

If you have a lawyer you would like to speak to, the police must help you find the phone number for that lawyer. If you do not have a lawyer, the police must help you call a free lawyer. There is a duty counsel hotline at 1-800-265-0451.

If you cannot afford a lawyer

If you cannot afford a lawyer, you can apply to Legal Aid Ontario (LAO) for a legal aid certificate.

To get a certificate, you must show that you have a low income and that your legal issue is one that LAO covers. Call LAO at 1-800-668-8258 or apply online at legalaid.on.ca/services/how-do-i-apply-for-legalaid. LAO is more likely to give you a certificate if there is a chance you will get a jail sentence, lose your job, lose decision-making responsibility for or parenting time with your children, or face immigration or refugee challenges.

If LAO rejects your application, you can:

Appeal the decision. This means that you disagree with the decision and want to ask someone with more authority to review it.
Go to court and ask for an order that the government pay for your lawyer. The court might make this type of order if you cannot afford a lawyer and you need one to have a fair trial.

You might also want to talk to someone at a shelter or a community legal clinic. They can get you a certificate that gives you 2 hours of free legal advice with a lawyer. You can get one certificate for family advice and another one for immigration advice. See Legal Aid certificates.

If you are not able to hire a lawyer, you might be able to get help from duty counsel at court. Duty counsel are free lawyers for people with a low income and who do not have their own lawyer. They will only help you on the day you are in court.

Duty counsel cannot represent you at a trial, but they may help you to:

get bail
understand your case
talk to the Crown

Part 10 lists legal and community resources for women who have been abused.

Immigration status

If you are not a Canadian citizen, it is very important for you to speak to an immigration lawyer. A criminal charge or conviction could affect your right to stay in Canada. For example, if you are convicted of a serious crime, you could lose your permanent resident status and be deported. See Immigration issues.

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