Dialing 911 for Spousal and Partner Disputes
The fact that there are emergency services available simply by dialing three easily remembered numbers is comforting if you have a need for medical, fire, or police assistance.
You will get a call back if you hang up or get disconnected. This call back and visit process was instituted because too many callers were being threatened or intimidated by others to cancel the call. The underlying concern is for your immediate safety. Expect someone from your local police department to be on your doorstep asking to be let in to make sure no one needs help, regardless of your explanation to the 911 operator that the call was a mistake or that you did not need help.
The difficulty is what happens when there is a knock on your door.
The police will ask to be let in. They will separate you and your partner and ask you individually what was happening. They will assume, regardless of what you say, that some kind of physical force has been used against you (even though bruises take a fairly long time to develop) if there are any red marks on your face or arms.
One of you, usually the male, will be arrested on the spot and taken to the local lock-up. There he will be charged with assault and, depending on the availability of a releasing officer, will spend time in jail awaiting the service of a Promise to Appear or an Undertaking to Appear. Further, the release is usually conditional on the person arrested having no contact, directly or indirectly with you at your residence or work place until the matter has been concluded through the courts. This process can take a number of months.
On release, the police may or may not escort your partner home to get a bag of essentials.
The release will allow contact through a lawyer or family court counselor if you are lucky. It is extremely difficult to resolve the problem if those provisions are not there.
One of you has to retain counsel to deal with the Crown Counsel to manage a satisfactory conclusion which often takes the form of a Peace Bond. A Peace Bond is not a criminal charge, but sets one of you, usually the person charged, to agree to keep the peace and be of good behaviour for a probationary period between six months and one year. There is a monetary value attached to the bond which the Crown may pursue if you are charged with anything and found guilty of any offence during the time of the probation. You will also be charged with Breach of Probation, which is a criminal offence. Most couples who get into this situation find it very distressing, hugely expensive and completely disruptive in terms of their lives.
Many people comment that the reason that they called 911 is that they were in a situation where their partner and themselves entered into an argument that looked insolvable and were hoping that the police could solve the problem; or, would calm the situation down if things were getting heated. This was particularly true of couples who had no local family or network of mutual friends. They were looking for a referee, not a separation.
If you feel threatened or you are in danger at all, call 911.
Contact Michael Eeles or John Bethell for more information.
This Article is only intended to highlight legal information of a general nature which readers may find interesting. It is not intended to provide a comprehensive review nor is it intended to provide legal advice of any kind. Readers should not act on information in this article without seeking specific advice on the particular matter. GBC Law would be pleased to provide additional details or to discuss how this information is relevant to a specific situation.
Located in: Criminal Law, Family Law
