Understanding the legal implications of partner abuse

Psychological Abuse

There is no specific crime of psychological abuse. The actions that make up psychological abuse may fit into the definition of some criminal offences. For example, certain aspects of the abuse may be covered in the offences of:

• uttering threats,
• threatening to assault someone,
• sending false messages, or
• criminal harassment.

Uttering threats

A person commits the offence of uttering threats if he or she:

• threatens to cause death or harm to someone

• threatens to burn, destroy or damage property

• threatens to kill or hurt an animal or bird that belongs to the person being threatened

Threat to commit assault

An abuser might also commit the offence of assault. The definition of assault includes situations when there is an attempt or threat to use force and the other person has a reasonable belief that the threat will be carried out.

False messages

• Where a person intends to injure or alarm another by sending or causing to be sent false information by letter, telegram, telephone, cable, radio or otherwise.

• Also included are the actions of making indecent phone calls with the intent to alarm or annoy another, and making repeated phone calls without lawful excuse with the intention of harassing another.

Even if the calls are just annoying, for example, where the caller simply hangs up each time the call is answered, the offence may be committed.

Criminal harassment

Where a person harasses another person knowingly, or not caring whether the other person is harassed or not. The conduct must reasonably cause the person being harassed to fear for their own safety or the safety of anyone they know.

Conduct is harassment if it consists of:

• Constantly following you (can also include following someone you know, for example, someone could still bother you by following your child, friend or parent.)

• Constantly communicating with you or someone you know.

• Watching your home, work, school, business or anywhere you happen to be, or watching the place where someone you know lives, works or happens to be.

• Carrying out threatening conduct towards you or any member of your family.

Legal Implications - Continued: Introduction to Canadian Law Physical Abuse Sexual Abuse Forced Confinement Animal or Property Abuse Financial Abuse

July 2003

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