After an arrest, police may release the accused person or hold them for a bail hearing. The decision depends on the circumstances of the case and the applicable legal requirements.
If the accused is released by the police, the release may include conditions to be followed while the case is before the court. If the person is held in custody, they will generally need to appear before a judge or judicial justice for a bail hearing.
The Provincial Court of British Columbia explains the bail hearing process, including how the court determines whether an accused person should be released and what conditions may be imposed.
For someone arrested in connection with a domestic allegation, this stage can have immediate practical consequences. They may not be permitted to return home or communicate with their spouse or partner, even if they have children together or share financial responsibilities.
Bail and Release Conditions
Bail is not a determination of guilt. It is a decision about whether an accused person can remain in the community while the criminal case proceeds and, if so, what conditions should apply.
Under section 515 of the Criminal Code, the court considers a number of factors when deciding whether to release or detain an accused person.
Conditions can vary significantly depending on the circumstances. In domestic cases, they may include requirements such as having no contact with the complainant, staying away from the complainant’s home or workplace, living at a specified address, reporting to a police or bail supervisor, avoiding alcohol or drugs in certain circumstances, or complying with other restrictions ordered by the court.
The specific conditions depend on the case and should be followed exactly.
No-Contact Orders
A no-contact order is one of the most common conditions associated with domestic assault allegations.
A no-contact condition can prohibit communication with the complainant directly or indirectly. This can include phone calls, text messages, emails, social media messages, or communication through friends and family members.
The Department of Justice Canada explains that no-contact orders can be imposed at different stages of the criminal justice process.
The wording of the order matters. For example, if an accused person is prohibited from having direct or indirect contact with the complainant, asking a friend to deliver a message could potentially result in a breach.
No-contact conditions can also create practical difficulties when the parties have children together, share a home, or have joint financial responsibilities.
What If the Complainant Wants Contact?
Another common source of confusion is what happens if the complainant wants to resume communication after the arrest.
The parties cannot simply agree to disregard a no-contact condition. If a court or police release order prohibits contact, that restriction remains in place unless it is formally changed.
This is particularly important in domestic cases because relationships and circumstances can change quickly. A couple may reconcile, decide they want to live together again, or need to communicate about their children. Those circumstances do not automatically cancel an existing condition.
The appropriate process for changing a condition depends on how the accused person was released and the terms of the existing order. Legal advice should be obtained before attempting to resume contact.
What Happens If a Condition Is Breached?
Bail conditions are legally enforceable. Failing to follow them can result in a new allegation of breaching a court order or undertaking and may affect the accused person’s release status.
This can happen even when the alleged breach appears minor. For example, an accused person who has been ordered not to contact the complainant should not assume that responding to an incoming message is permitted.
The safest approach is to follow the exact terms of the release order and obtain legal advice if a condition creates a practical problem.
A request to change a condition should be dealt with through the appropriate legal process rather than by simply ignoring the restriction.
The First Court Appearance
Once an accused person has been released, the case continues through the court process.
The first appearance is generally not a trial. It is an early procedural stage in which the court may set the next appearance date and address other matters concerning how the case will proceed.
The defence will also generally receive disclosure from the Crown. Depending on the circumstances, disclosure may include police reports, witness statements, photographs, video footage, 911 recordings, text messages, medical information, and other evidence gathered during the investigation.
Reviewing that material is an important part of assessing the allegations and determining the appropriate next steps.
The accused person may also need to consider whether there are issues concerning the police investigation, including how statements were obtained, whether searches or seizures were lawful, and whether the accused’s Charter rights were respected.
Can the Complainant Drop the Charges?
A common misconception in domestic violence charges in BC is that the complainant can simply decide to drop the charges.
Criminal charges are prosecuted by the Crown, not by the complainant. A complainant can tell police or Crown counsel that they no longer wish to participate, but that does not automatically end the prosecution.
The Crown decides whether to continue, resolve, or discontinue a prosecution based on the evidence and applicable legal principles.
This means a domestic assault case can continue even if the relationship changes or the complainant no longer wants the matter to proceed.
What Happens After the First Appearance?
As the case moves forward, the defence and Crown may address disclosure, resolution discussions, applications, pre-trial issues, or trial scheduling.
The next steps depend on the specific allegations and evidence. In some cases, there may be questions about conflicting accounts, witness credibility, photographs, video, medical evidence, text messages, or other information gathered during the investigation.
The defence may also consider whether there are legal issues that should be addressed before trial.
Why Early Legal Advice Matters
The period immediately following an arrest can significantly affect how a criminal case proceeds. Decisions about speaking with police, complying with release conditions, preserving evidence, and addressing bail restrictions can all become important later.
An accused person should avoid discussing the allegations with the complainant or other potential witnesses and should carefully follow any conditions imposed upon release.
Domestic assault allegations can also have consequences outside the criminal courtroom, including effects on parenting arrangements, employment, housing, and family relationships.
There is no single outcome or process that applies to every domestic assault allegation. The appropriate approach depends on the circumstances of the arrest, the allegations, the evidence, the accused person’s history, and the conditions imposed.
Facing a Domestic Assault Allegation in BC?
An arrest is only the beginning of the criminal process. Understanding what happens next, particularly regarding bail conditions and no-contact orders, can help an accused person avoid further legal problems as the case proceeds.
If you have been arrested or charged following a domestic assault allegation, contact Stern Shapray Criminal Lawyers for legal advice about your specific circumstances.
Our team represents clients facing domestic assault and other criminal allegations throughout British Columbia.
