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 Law Enforcement Complaints Agency (LECA). LECA decides if a police officer did not do their job properly. LECA cannot change the police officer’s decision not to charge your partner. You can call LECA toll-free at 1-877-411-4773 or go to leca.ca.
You should get advice from a criminal lawyer before you make a complaint. See General legal services. They can help you to understand LECA’s 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 apply to the court to have them charged with a crime.
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.
For more information, read “What is a private prosecution and how do I apply for one?“.
CLEO’s Guided Pathway for applying for a private prosecution can help you apply for a private prosecution for certain types of crimes.
Court-ordered protection
Your partner might become violent when they find out you started a private prosecution. 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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