Domestic Violence Court

The benefits of the DVC Treatment Option include, but are not limited to, the following:

• getting early treatment is a positive step towards ending the cycle of violence;
• getting help now may lead to better relations with partners and other family members;
• meeting the requirements of the DVC Treatment Option is something the judge will consider at the time of sentencing; there will be a lighter sentence with treatment than without treatment;
• there is access to professional help to deal with other issues, such as substance abuse;
• the treatment team are there for support throughout the process;
• the domestic violence programs use a variety of ways to help participants recognize and change controlling/abusive behaviour; and
• domestic violence programs recognize cultural differences and individual needs.

Participation in the DVC Treatment Option is open to all adult accused who are charged with domestic violence and are referred, by the Crown, to the Domestic Violence Court Treatment Option. Participants must acknowledge responsibility for their actions by entering a guilty plea and their participation must not pose a risk to public safety. Approximately one-third of those who are charged with domestic violence will not be referred to the Domestic Violence Court because the violence involved is too repetitive and extreme, and the Crown will be seeking a significant jail term.

The following are some of the criteria considered by the Crown when determining eligibility:

• the severity of the offence;
• past compliance or non-compliance with Court orders;
• past compliance with Corrections Public Safety and Policing; and
• obvious factors that would result in a negative assessment.

The following are some of the criteria considered by Probation Services during an assessment:

• acceptance of responsibility by the accused;
• the ability of the accused to attend weekly treatment sessions for several months;
• no other charges pending that involve violence;
• programming the accused has participated in previously;
• language and other barriers; and
• severe substance abuse, psychiatric or psychological issues that would prevent participation in the program.

*Note: Individuals whose first language is not English are quite regularly accepted into the program. In most of these cases, programming is offered on a one-to-one basis with the assistance of an interpreter where necessary.

The DVC Treatment Option is voluntary. To participate, individuals must:

• accept responsibility for the offence by signing an agreed statement of facts and enter a guilty plea (there is an opportunity to contact a lawyer before choosing how to deal with the charges);
• meet with Probation Services to participate in a suitability assessment process, and make sure the DVC Treatment Option is going to work for you (after pleading guilty, the case will be adjourned for approximately 6 weeks to allow for this);
• waive the right to immediate sentencing and agree to abide by the terms of the program;
• agree to attend an approved treatment program, and complete domestic violence and, if needed, substance abuse programming;
• attend approximately 20 weekly sessions (generally 2 to 2 ½ hours in length), however, these vary depending on the Court, Program and offender;
• agree to participate and abide by group rules and expectations;
• report back to the court as directed;
• agree that the victim can receive information about the offender’s attendance and general involvement in the program;
• meet the requirements of the DVC Treatment Option.

Successful completion of treatment will be reflected in sentencing. Participants who fail to follow the treatment program will be sentenced by the court accordingly.

Non-contact and non-attendance conditions are typically put in place by police at the time an accused is charged. The non-contact and non-attendance conditions remain in place until the Court orders a change. Family Service Domestic Violence Victim Caseworkers complete risk assessments upon request for removals or amendments to non-contact and non-attendance conditions.

Copies of completed risk assessments are provided to the Crown Prosecutor. The safety of victims and any children involved, not necessarily victims’ wishes, is the most important factor considered in determining risk.

Anyone interested in the DVC Treatment Option can inform either their lawyer, or the Court, and they will be referred to someone from Probation Services.

Additionally, it is also possible to speak to an Aboriginal Court Worker, who will be able to provide information on what goes on in court, and who can provide additional information if required.

• Battlefords Domestic Violence Treatment Options Court
  306-933-5542 | Brochure
• Regina Domestic Violence Court
  306-787-6018
• Saskatoon Domestic Violence Court
  306-933-5542
• Domestic Violence Court Defence Counsel FAQs