These are all forms of violence. Under Canadian law, depending on the circumstances, they might not all be crimes. Violent acts that are not considered to be domestic violence are handled in the general court system. When they lay charges, the police tell you which court system your case will be heard in.

If you aren't sure if what happened to you is a crime, ask the police or staff at:

• a woman's shelter in your area
• an advocacy centre or legal clinic
• an abuse help line
• local and regional disability groups.

Are women with disabilities and Deaf women at a greater risk of violence?

Women with disabilities are more at risk of violence because of the negative way society views disability. Women with disabilities are 34% more likely than non-disabled women to be physically or sexually assaulted by their partner. Deaf and hard of hearing women are also at greater risk of violence. 

Women born with a disability, women with multiple or severe disabilities and women living in institutions are at greater risk of suffering more frequent abuse.

"Society's view of disabled women is not about who we are as people but about how people see us. This means that we are often put in situations where we are at increased risk of abuse and assault."                  -Isaura

Violence affects women with all types of disabilities, including:

• intellectual
• visual
• mobility
• learning
• psychiatric
• communication
• hidden or invisible, such as epilepsy and Chronic Fatigue Syndrome.

What if I face other forms of discrimination and violence?

"I didn't go to the police because my husband said they would deport me because I'm not 'landed' yet. He said it doesn't matter that his violence caused my disability!"

                                         -Fatima

If you are concerned about your immigration status and how it might be affected by reporting violence, get advice from a community legal clinic or an immigration lawyer.

"The interpreters the police provided did not know my dialect. I knew they were not telling the police what I said, but I couldn't do anything."                             -Kamisa

You have the right to have cultural interpreters or translators who speak your language or dialect. If you are concerned about the interpreters being used, tell the police or the Victim/Witness Assistance staff.

"Being Aboriginal and disabled made me afraid to call the police. I thought they would take my children or take me and leave my children with him!"       -Edna

Fear about the system not working for you because of your racial or ethnic background may be very real to you because of previous experience. You have the right to fair treatment before the courts. Find advocates from your community to support you through this process. Refer to the back of this pamphlet for some resources.

What is the role of the police?

Always ask police officers for their names, badge numbers and phone numbers.

The police must lay a criminal charge and arrest the person who abused you if a crime has taken place. Once the person who hurt you is charged with a criminal offense, he is called the accused. In Domestic Violence cases the police can take the accused to jail and hold him for a period of time.

There are rules the police must follow. They can:

• charge the person who abused you with assault
• take you to a safe place
• take you to a medical facility to be examined after the assault
• enforce a restraining order that already exists
• take pictures of your injuries for evidence of the violence
• put you in touch with the Victim/ Witness Assistance Programme.

"The police might not bother getting my story. They might be uncomfortable around a woman with a disability as severe as mine. In fact, maybe they won't believe that anyone would want to have sex with me, much less forced sex."

                                         -Fabienne

You might feel the police will think you will not make a good witness in court so they won't charge the person who hurt you. You might feel the police will believe that person because he or she is not disabled, is a hearing person, can speak more clearly than you, or because she or he is the person who takes care of you.

"The police did not believe me because my husband is in a wheelchair too. They said, 'He looks quite harmless.'"

                                         -Shani

You might feel the police will not lay a charge because the person who hurt you is disabled.

Many positive changes have improved police response to domestic violence because of efforts by women's groups, disability groups and community groups. The police have guidelines that say they should not be influenced by certain things when they are deciding to lay a charge. These include:

• the victim's perceived inability or unwillingness to attend court proceedings
• the police officer's concern about reprisals against the victim by the abuser
• the race, ethnicity, sexual orientation, social class or occupation of the victim
• the possibility of obtaining a conviction.

If you feel the police are not laying a charge for any of the above reasons or if you don't understand why they are not laying a charge, you can:

• ask the police to explain why they are not laying a charge
• contact a senior officer in charge of your police station
• contact an advocacy group listed in the back of this pamphlet
• contact a local woman's group, a disability advocacy group or Sexual Assault Centre to get help

What kind of violence is handled by the Domestic Violence Courts?

Domestic Violence Courts serve women who are physically or sexually assaulted or threatened with physical or sexual assault by an intimate partner or family member.

What are the Domestic Violence Courts?

The first Domestic Violence Courts in Ontario started in 1997. They improve the way the justice system handles domestic violence cases.

This new court system is based on a coordinated community response. This means better support for you, the victim.

It means the police and Crown Attorneys use new ways to investigate and prosecute domestic violence cases. Crown Attorneys receive special training before prosecuting these cases.

The Victim/Witness Assistance Programme plays an important part in the courts. It helps you understand the court process and helps you get the accommodation you need in court. The staff and volunteers of the Victim/Witness Assistance Programme give you emotional support. We'll say more about this later.

This new court system works with community agencies. It keeps the accused accountable for his actions and provides support and resources to you.

The Domestic Violence Courts

There are two new court systems in certain communities in Ontario (the list of these courts is at the back of this pamphlet). Each is different but both improve the criminal justice response to domestic violence. Both courts create a more sensitive and respectful system for you.

The first court is a domestic violence plea court. A case is heard there if:

• this is the first time the accused is criminally charged with domestic violence
• there are no significant or visible physical injuries to you
• no weapons were used during the assault
• you agree to this process after it is explained to you.

You and the accused are both told that if he pleads guilty, he will be ordered by the court to go to a Male Batterers programme for counselling. Community agencies deliver these programs.

While the accused goes to the programme he can live with you if that's what you want.

A worker from the Male Batterers programme contacts you from time to time to make sure you are safe and to give you information.

When the accused finishes the programme, he returns to court. If you agree and you still feel safe, the accused receives a sentence that is not a criminal record. He will be on probation for the length of time the judge decides.

The second court is for cases where:

• this is not the first time the accused has been criminally charged

                          or

• there are significant or visible injuries to you

                          or

• weapons were used.

In this court, domestic violence cases are handled by a specially trained team. New methods of gathering evidence to help prove the violence happened are used by the police and Crown Attorneys. The police may ask you to tell your story on videotape.

In the second court, if the accused admits guilt you might not have to go to court. You might want to go to court anyway to give your opinion on his punishment. In court the punishment is called the sentence.

If the accused does not admit guilt there can be a trial. If there is a trial you will be expected to go to court and tell what happened to you. (See later section)

Your disability must be accommodated by the court so that you can tell your story and understand what is happening.

If you are asked to tell your story in court, expect to be asked questions by the accused person's lawyer.

Other witnesses can be called to give evidence about the crime. The accused might also give evidence.

In some parts of Ontario a combination of both courts are used. In all Domestic Violence cases the Victim/Witness Assistance Programme staff contact you to offer you support throughout the court process.

How can the Victim/Witness Assistance Programme help me in Domestic Violence Court?

If you are a victim of a crime, you are considered both a victim and a witness to the crime. The Victim/Witness Assistance Programme staff support you through the court process.

They do not discuss the evidence of your case with you. Their job includes:

• arranging to accommodate your disability in court
• arranging for cultural and language interpreters as needed, including ASL interpretation
• taking you on a tour of the court and explaining where people sit and what everyone's job is
• giving you emotional support
• keeping you informed about what is happening in court
• referring you to community agencies for other supports
• making sure the Crown Attorney meets you and hears your story.  The Crown Attorney presents the evidence to the court for you.

The Victim/Witness Assistance Programme staff can also help you write a Victim Impact Statement. If the accused is convicted, you have an opportunity to tell the judge in writing how the crime has affected you. The judge considers this when deciding the punishment of the accused.

Victim/Witness Assistance staff can also help you submit an application to the Criminal Injuries Compensation Board. This means that you can ask the government for money for emotional and physical injuries you suffered because of the violence. You do not have to lay charges against your abuser to ask for this compensation.

What happens in court?

The lawyers for the accused and the Crown Attorney ask witnesses questions to help the court understand the details of the case.

The judge listens to each person's story and all the evidence of the violence. This can include 9-1-1 tapes, audio tapes and videotapes of the police interviews.

The judge decides if the accused person's violent behaviour was a crime.  The judge might decide there is not enough evidence to convict the accused. This doesn't necessarily mean the assault didn't happen or that the judge didn't believe you. It can mean that there just wasn't enough evidence for the judge to convict the accused.

If there is a conviction, the judge listens to the Crown Attorney and the accused person's lawyer and then decides what the sentence will be. The sentence can be a fine or probation or jail for the accused.

If the sentence is probation, the judge might send the accused to a Male Batterers programme or a programme for alcohol abuse.

If you are afraid of the accused, tell the Crown Attorney.

If the accused gets probation, the court can put conditions on his release to help you be safe from him.

What if the person who hurt me is found guilty, goes to jail and I am left with no caregiver?

If the accused is found guilty and given a jail sentence by the court, it is very important to plan to accommodate your needs for care. Disability advocacy groups may be able to help you in cases involving attendant care or service provider violence. Other agencies that provide services and supports to people with disabilities in your area may also help.

How are these courts providing equal access to women with disabilities, Deaf and hard of hearing women?

"As a Deaf woman, I am not disabled but I experience the same kinds of barriers that women who are disabled face. My language and culture are usually not accommodated in 'mainstream' services."

                                       -Carole

The courts are improving access:

• by writing material in alternate formats. This is to teach you about your right to be accommodated by the court system whatever your ability or disability and according to your need
• by educating and training police, Crown Attorneys, and judges to be sensitive and responsive to discrimination experienced by disabled, Deaf  and hard of hearing women including those who are women of colour, lesbian, Aboriginal or for whom English/French is not their first language
• by accommodating women who need ASL/LSQ interpretation, wheelchair access, interpretation and translation in languages other than English and French, deaf/blind intervenors, Blissymbolics interpretation, flexibility in obtaining testimony, etc.

Some of these things are happening now in communities where the Domestic Violence Courts are already set up.

• In one case deaf interpreters were used for individuals whose first language is not ASL or signed English.
• In another case someone sat in the witness box with a victim who was hard of hearing and unable to lip read fluently and provided real time captioning of the trial proceedings.
• Shorter court proceedings with breaks accommodated a victim who tired easily due to her disabilities.
• Court proceedings have been moved to accessible locations outside the courthouse.
• Some court staff and Crown Attorneys learned the nature of a woman's psychiatric problems so they could accommodate her in court.
• In another court, the lawyers and judge spoke slowly and clearly to someone who had difficulty understanding complicated questions.

What can I do if I am not ready to call the police?

You might feel that you will be at a greater risk of violence if you make a report now, especially if the person who hurt you is your caregiver. You might be concerned that once you report the violence you will have no control over what happens to you.

You can make a safety plan until you are ready to get help. A Safety Plan involves:

• finding someone you trust to talk to about your situation
• finding out about alternative care arrangements, like housing, attendant care, etc.
• contacting women's or disability advocacy groups to find an advocate to help you.

It helps to talk to someone you trust about your situation. Get as much information as possible about what you can do.

A good place to start is with a counsellor, social worker, close friend, your doctor or other health care provider. You might need to talk to many people before you get the help you need.

Another place to get help is the Assaulted Women's Help Line or crisis line where you live. A toll free Victim Support Line number for outside Toronto is:

1-888-579-2888

For Toronto: (416) 314-2447

Website:  http://www.gov.on.ca/vicline

Call the police if the abuser assaults you or says he will. Many police officers are trained to deal with abuse in relationships and families. They can help you leave safely.

Remember, it is not your fault if someone is hurting you. You have the legal right to be free of abuse. When you know your rights, you have a better chance to change things. You do not deserve to be abused; people can help you.

What other resources are available to me?

Resources are available that tell you how the justice system works. Some resources are listed here. Some of these resources may be free to women with disabilities.

Resources in Print

• Do you know a woman who is being abused?

This legal rights handbook provides detailed information about the legal system for women who are abused including a list of resources, safe homes and shelters in Ontario. Available from Community Legal Education in Ontario (CLEO)  (416) 408-4420

• Information and Resources for Abused Women in Rural Ontario

This is an information pamphlet for rural women and women living on farms. Available from Education Wife Assault (416) 968-3422

• Abuse is Wrong in Any Language

A booklet for immigrant and refugee women who are suffering from abuse in a relationship or a family. Available from Education Wife Assalt  (416) 968-3422

• Safety Planning in Situations of Woman Abuse

This booklet talks about things women can do to prepare to leave a domestic violence situation. It also looks at what can happen legally when she leaves. Available from the Metro Woman Abuse Council  (416) 392-5882

• Criminal Injuries Compensation Board

Free pamphlets available to help you fill out this claim  (416) 326-2900

• Sexual Assault: A Guide to the Criminal Justice System (1994)

This guide provides information about each step of the criminal process. Available from METRAC  (416) 392-3135

Resources in Your Area

• Ontario Ministry of the Attorney General, Victim/Witness Assistance Programme
• (416) 326-2429

They can tell you the location of the Domestic Violence Court in your area and will accept collect calls.

Helplines, Crisis Counselling, Transportation and Referral

• Assaulted Women's Helpline

              (416) 863-0511   TTY (416) 516-9738

• SOS Femmes (416) 759-0138

              1-800-387-8603

• Police 911 (voice or TTY)

Local Resources:

Legal Services and Information

• The Ontario Legal Aid Plan

               Phone(416) 598-0200

               TTY(416) 598-8867

• Dial-A-Law

               (416) 947-3330

• Community Legal Education in Ontario (CLEO)

               (416) 408-4420

Local Resources:

Disability and Advocacy Organizations

• The Ethno-Racial People with Disabilities Coalition of Ontario ERDCO

                 Phone(416) 977-8510

                 TTY(416) 977-9008

• The Canadian Hearing Society

                Phone(416) 965-9595

                TTY(416) 964-0340

• The Canadian National Institute for the Blind

                Phone(416) 486-2500

                TTY(416) 480-8645

• The Canadian Association for Community Living

                Phone(416) 661-9611

                TTY(416) 661-2023

• Advocacy Resource Centre for the Handicapped (ARCH)

                Phone(416) 482-8255

                TTY(416) 482-1254

• The Ontario Association for Community Living

                (416) 477-4348

• The Toronto Association for Community Living

                (416) 968-0650

• The Community Abuse Program of Rural Ontario (CAPRO)

                1-888-573-6396

Local Organizations:

Domestic Violence Court and Victim/Witness Assistance Programme (VWAP) Locations

* The Victim/Witness Assistance Programme will accept collect calls from women at (416) 326-2429

TORONTO -- Old City Hall

'K' Court, 60 Queen St. W, Room 160, Toronto, Ontario, M5H 2M4

T. (416) 327-5774; F. (416) 327-5787

VWAP

Room 341 A, T: (416) 327-5959; F: (416) 327-6068

TORONTO -- North York

1000 Finch Ave. W., Downview, Ontario, M3J 2V5

T. (416) 314-4222; F. (416) 314-4234

VWAP

T. (416) 314-0009; F. (416) 314-0573

LONDON

1500 Dufferin Street, Suite 202, London, Ontario, N6A 5N6

T. (519) 661-2883; F. (519) 661-2887       

VWAP

80 Dundas St., Ground  Fl. Unit B, London, ON, N6A 2A2

T. (519) 660-3041; F. (519) 660-3087

HAMILTON

50 Main St. E., 5th Fl., Hamilton, Ontario, L8N 1E9

T. (905) 308-7230; F. (905) 308-7249

VWAP

125 Main St. E. 2nd Fl., Hamilton, Ontario, L8N 3Z3

T. (905) 577-8438; F. (905) 546-3894

WHITBY

3000 Garden St., Suite #300, Whitby, Ontario, L1N 2G6

T. (905) 430-4150; F. (905) 430-4151

VWAP

T. (905) 430-4170; F. (905) 430-4161

NORTH BAY

360 Plouffe Street, North Bay, Ontario, P1B 9L5

T. (705) 495-8313; F. (705) 495-8363

VWAP

T. (705) 495-8339; F. (705) 495-8336

OTTAWA

161 Elgin Street, Suite 3045, Ottawa, Ontario, K2P 2K1

T. (613) 239-1200; F. (613) 239-1214

VWAP

Room 3185

T. (613) 239-1229; F. (613) 239-1214

BRAMPTON

7765 Hurontario St, Box 428, Brampton, Ontario, L6V 2L7

T. (905) 452-6626; F. (905) 455-9432

VWAP

141 Clarence Street, Brampton, Ontario, L6W 3E6