After the police investigate the abuse, they report to the Crown prosecutor (the government lawyer who presents the case, also called the Crown). The Crown isn’t your lawyer — they act for the public. Only the Crown can approve or drop charges.

BC law says if there’s sufficient evidence for the charges of assault (including sexual assault) or criminal harassment (also known as stalking), the abuser must be charged with a criminal offence. If Crown counsel decides there is sufficient evidence and approves the charges, your partner has to go to court. At court, the judge will ask:

• if your partner has or plans to get a lawyer, and
• how your partner wants to plead to the criminal charge.

If your partner pleads guilty, there won’t be a trial. Instead, the judge will decide the sentence either that same day or later.

If your partner pleads not guilty, a trial will happen, usually several months later. Your partner will have a bail hearing at which the court will decide if they must be kept in jail or released until trial. If your partner has a previous conviction for a violent offence against a partner, it will be up to them to convince the judge why they should be released. If your partner is released, they will have to agree to bail conditions, such as not contacting you either directly or indirectly (through friends, emails, texts, etc.), not going anywhere you might be, or not drinking alcohol.

You will likely not be at the bail hearing or be notified when your partner gets out of jail. But you need to know what’s happening and what the bail conditions are. Ask the Crown for a copy of the bail conditions and any no contact orders. Keep these with you always in case you need to call the police. If you need help getting the bail conditions, ask an advocate or victim service worker for help.

To find a victim service worker, call VictimLinkBC at 1-800-563-0808.

If your partner breaches the bail conditions or no contact order, call the police. They can arrest and charge your partner with breach of bail or breach of an order.

Your partner can ask for an adjournment for a good reason (like getting a lawyer). You only have to go to court if you want to go unless the Crown, or your partner or their lawyer, says you must be a witness.

The Crown, or whoever is representing your partner, might give you a subpoena. You must obey the subpoena or the court can issue a warrant for your arrest.

If your partner pleads not guilty, you’ll probably have to testify unless there is another witness who can say what happened and the Crown decides your testimony won’t be necessary. 

Before the trial, the Crown will talk to you about the case. If you need an interpreter or help because you have a disability, tell the Crown before you meet. They can arrange this for you. The Crown:

• will talk to you about what you plan to say,
• may explain what will happen in court, and
• may talk to you about making a victim impact statement.

If your partner is found guilty, your statement will help the judge decide their sentence. A victim service worker or advocate can help you fill out the statement form. Tell the Crown:

• if you’re afraid for your or your children’s safety,
• if your partner breached or disobeyed a bail or no contact order and how your partner breached the order, and
• how the offence has impacted you and your children, if you have any.

Tell the Crown, and check with them if they can ask the judge for a peace bond instead of having a trial. The peace bond says your partner must ​“be of good behaviour and keep the peace” for up to 12 months. It usually has other conditions too, such as no contact with you. Your partner would have to agree to enter into the peace bond instead of going to trial. If your partner follows it, they won’t have a criminal charge or conviction.

Even if you don’t want to be a witness, the case may still go ahead. If you’ve been subpoenaed, you must attend court and testify truthfully. The judge may say you have to testify or you’ll be arrested if you don’t testify.

If that happens, explain why you don’t want to be a witness. If you’re afraid, the judge may allow you to testify on video or sit behind a screen. Ask the Crown, an advocate, or victim service worker about this before the trial date.

1. The Crown presents evidence against your partner (the accused).
2. The Crown calls you as an important witness and asks you questions.
3. The Crown calls other witnesses, such as the police, your friends, neighbours, and maybe your doctor. Your children won’t be witnesses unless it’s necessary.
4. The Crown may present physical evidence, such as torn clothing, photos of injuries, a weapon, or medical records.
5. Your partner or their lawyer can cross-examine you and any other witness the Crown calls. The judge and the Crown should make sure that the questions are appropriate. You could also ask for a screen or arrange to only look at the judge while answering questions.
6. After the Crown presents its case, your partner’s lawyer presents the other side in the same way. Your partner may give evidence, but they don’t have to. The Crown can cross-examine your partner’s witnesses and your partner if they testify.

After hearing all facts, the judge decides if your partner is guilty or not guilty.

• If your partner is guilty, the judge will sentence them.
• If your partner is not guilty, the judge won’t sentence them. This doesn’t mean the judge didn’t believe you. It means that the evidence didn’t prove that your partner was guilty ​“beyond a reasonable doubt.”

The judge:

• considers all the facts given as evidence;
• reads your victim impact statement. (If you wrote it a while ago, it helps to update it before the trial); and
• may ask for a pre-sentencing report from a probation officer before issuing the sentence. The probation officer may interview you to write this report, so be clear about your and your children’s safety concerns.

Your partner must obey conditions for a period of time, like stay away from you and your children, or get counselling. If your partner obeys, they won’t have a criminal conviction.

For a period of time, your partner must obey all conditions the judge puts in the probation order. Usually, one condition is to report to a probation officer. The judge may also order your partner to go to a treatment program for abusive people, or for drug or alcohol addiction. The probation officer must tell you the conditions in the order. If your partner doesn’t obey them, they can be arrested, charged, and face trial. If your partner is found guilty, they’ll also be sentenced for breach of an order and have a criminal conviction on their record.

Depending on the nature of the assault or if your partner committed criminal offences before, they may be sentenced to time in jail. After jail, your partner may be on probation and have to obey conditions. With this sentence, your partner will have a criminal record.

If your partner has a jail sentence, it’s important to:

• Tell the parole board and corrections staff if your address or phone number changes. They can send you information about parole hearings and when your partner will get out of jail.
• Keep talking to your advocate or victim service worker for ongoing support and information.