What is intimate partner violence?
By Matthew Deshaye
Intimate partner violence (IPV), also known as spousal or domestic violence, refers to multiple forms of harm caused by a current or former intimate partner or spouse.
It can happen in any relationship including a marriage, adult interdependent relationship or between people dating. It can occur at any time during a relationship or after it has ended.
People of all genders, ages, socioeconomic status, ethnic, religious and cultural backgrounds can experience IPV. However, women account for the vast majority of complainants.
This form of violence can occur in both public and private spaces, as well as online, and can include:
- Physical abuse or the threatened use of physical force.
- Criminal harassment that causes someone to fear for their safety. This can include making threats, obscene phone calls, physically following them or contacting them online with texts or email messages.
- Forcing a partner into sexual acts without their consent or filming a sexual act without their knowledge and then posting it online.
- Emotional /psychological abuse that takes the form of insults, belittling, constant humiliation, intimidation, threats to take away children or to harm pets.
- Financial abuse is where one partner controls what money is being spent or the ability of the other person to access schooling or employment.
- Coercive control is where a person isolates their partner from family and friends or restricts access to employment, education or medical care.
- Technology-facilitated violence that occurs when a person tracks their partner online or spreads misinformation about them to other people over the internet, including to friends and family.
A variety of charges can be laid
Since IPV can take many forms there is no specific offence of intimate partner violence in the Criminal Code. If you are being investigated for an alleged IPV offence, criminal charges you could face include:
- Criminal harassment (sometimes called stalking) involves following a person from place to place or engaging in threatening conduct directed at them. The maximum sentence is a 10-year prison term.
- Assault involves striking or threatening to strike another person. The maximum sentence is a five-year prison term. If a weapon is used the maximum penalty rises to 10 years.
- Sexual assault occurs when a person engages in any sexual activity with another person without their consent, ranging from an unwanted kiss to intercourse. The maximum sentence is a 10-year prison term. That maximum rises to 14 years in prison if the victim is under 16.
- Uttering threats is when someone verbally or otherwise threatens to cause death or bodily harm to any person, their property or animals they own. The maximum sentence is a five-year prison term.
- Indecent communication can take the form of harassing phone calls or online communication. The maximum sentence is a two-year jail term.
- Trespassing at night charges can be laid if someone loiters or prowls at night on another person's property. This charge is dealt with as a summary conviction, with fines and/or warnings often given to first-time offenders.
- Mischief occurs when someone destroys or damages the property of another person, or interferes with the lawful use and enjoyment or operation of that property. If the damage totals more than $5,000, the maximum sentence is a 10-year prison term, with two-year maximum jail terms given for damage less than $5,000. If a person’s life was put at risk because of the mischief, the maximum sentence is life in prison.
Legislation is evolving
Alberta has enacted specific legislation to address IPV within the Protection Against Family Violence Act.
In 1996 Parliament enacted s. 718.2(a)(ii) of the Criminal Code, recognizing that the existence of an intimate relationship must be considered an aggravating factor in sentencing in assault cases. The Code has only made a few aggravating factors mandatory, thus giving particular significance to a spousal relationship.
In June 2019, the Code was amended to clarify that an “intimate partner” includes a current or former spouse, common-law partner and dating partner.
The changes also reversed the onus of proof for bail for an accused charged with a violent offence involving an intimate partner in cases where the accused had a prior conviction for violence against an intimate partner. This means that instead of the Crown having to prove why the accused should be held in custody while awaiting trial, the alleged offender must now prove to the court why they should be released.
Clare’s Law
In Alberta, the Disclosure to Protect Against Domestic Violence (Clare’s Law) Act gives people who feel at risk of domestic violence a way to get information about their partners. The legislation is named after Clare Wood, a woman killed by her ex-boyfriend in the United Kingdom.
According to the legislation, police only provide information so a person can make an informed decision about their safety and any disclosure must be made verbally, after the recipient signs a confidentiality agreement. The information cannot be shared with others or used for any legal proceedings.
This legislation came into effect in 2021. According to a news report at that time, Alberta had the fourth-highest rate of police-reported intimate partner violence in Canada, with the city of Lethbridge having the highest rate in the country.
The story adds that between 2008 and 2019, the deaths of 204 Albertans were linked to family violence.
What to do if you are charged
Police forces across Alberta will respond quickly to reports of IPV. If investigators ask you about an alleged assault or harassment, you do not have to tell them anything except your name and address. What you say may be used against you in court. However, remain courteous and respectful to the officers and do not lie, but do not provide a statement and do not attempt to explain your side of the story. Keep this information for your lawyer.
If you are arrested, you have a right to consult a lawyer. If you are charged, you need legal counsel as soon as possible. If you are a first-time offender, you will likely be released until the case goes to trial or is resolved. However, it is common for a judge to include conditions of your release that may require you move out of the family home or to avoid the complainant’s residence and to refrain from contacting the complainant or any children involved.
Defences against IPV charges
The evidence in domestic violence cases is often based on “he said/she said” testimony. An experienced criminal lawyer may seek to demonstrate your credibility while finding gaps and inconsistencies in the complainant’s statements.
However, the defence of each case will vary depending on the circumstances. The burden of proving guilt will always be on the Crown prosecutor and the accused person is always presumed innocent until proven guilty beyond a reasonable doubt. This is a high standard, however, despite this high standard the testimony of a single complainant may be sufficient to sustain a conviction.
An experienced criminal lawyer will seek to challenge the complainant’s version of events and may raise additional defences, such as self-defence, consensual fights, identification, alibi, or an alternate version of what occurred.
Each case will vary in its strategic approach based on the expertise of your lawyer and the individual circumstances of your case.
Contact us for assistance
If you have been charged with a IPV-related offence you need legal counsel to defend your rights and guide you through the judicial process. Contact us for a free consultation.