Intimate partner violence can take many forms

By LegalMatters Staff • Intimate partner violence can occur in a marriage, adult interdependent relationship or between people dating. It is experienced by people of all genders, ages, socioeconomic status, ethnic, religious and cultural backgrounds, with women accounting 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, financial or psychological abuse,” says Calgary criminal lawyer Matthew Deshaye. “The last one can take the form of insults, belittling, constant humiliation, intimidation, threats to take away children or to harm pets.”

While there is no specific offence of intimate partner violence in the Criminal Code, those investigated for the crime could face charges such as criminal harassment, assault, mischief or uttering threats, he says.

“Uttering threats is when someone verbally or otherwise threatens to cause death or bodily harm to any person, their property or animals they own,” explains Deshaye. “The maximum sentence is a five-year prison term.”

He says that in 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,” says Deshaye. “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.”