78 POLICE ASSOCIATION OF NOVA SCOTIA • physical assault • sexual assault • threats to harm • theft • criminal harassment (also called ‘stalking’) • property damage (also called ‘mischief’). The behaviour does not have to be a crime to be considered family violence under family laws. Going to the Police You can call the police if your partner assaults or threatens you. A family member, neighbour, friend or someone else might call the police if they hear or see the assault and are worried about you or your children. The police enforce the law and look into crimes. Police are allowed to come into your home when they get a report of abuse or family violence. When they come to your home, the police will talk with you, your partner and any other family members or witnesses who saw or heard what happened. They will do this before deciding if they should charge either or both of you with a crime. The police decide what happens. You do not decide. Your partner does not decide. Could I be charged with a crime? The police will talk to both you and your partner, and look for evidence to decide if they will charge anyone involved with a crime. There is always a chance that you will be charged with a crime, even if you are the person who was abused. Sometimes an abused partner could be charged with a crime because: • your partner lied to the police about what happened • the police might not have a good understanding of family violence or abusive relationships and may not know what is really going on • language and/or cultural barriers make it difficult for you to explain what happened to the police. If the police think there is a good legal reason (called reasonable grounds) to believe that someone committed a crime, they must charge that person with a crime. This means the police may charge your partner, you, or both of you with a crime. The police must also make a referral to Child Protection Services if they think your child or children have been harmed or are at risk of being harmed. Child protection law says everyone must keep children safe from harm. If a child protection worker contacts you then it is important for you to understand the reason why there has been a referral and anything you can do to make sure your child is safe. You can get legal advice about child protection from a lawyer you would pay, or from Nova Scotia Legal Aid. You can get more information about child protection at nsfamilylaw.ca. Will the police take my partner from our home? If your partner is charged with a crime the police will most likely take your partner from your home to the police station. Your partner might be released by the police or by the court if your partner agrees to follow certain conditions, which could include: • not contacting you • not going to the family home • having limited or no contact with your children Abuse is wrong in any family continued continued
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