Emergency Protection Orders are governed by the Victims of Family Violence Act (VFVA) and are intended to provide an immediate, short term solution to assist in protecting a victim and their children from violence and/or their property from damage.
An Emergency Protection Order (EPO) may be made where family violence has occurred and where the seriousness or urgency of the situation merits the order.
In many cases it is a police officer or a victim services worker who will apply for the EPO on behalf of the victim, once the victim has reached out to seek their assistance to attain an EPO.
EPO’s may be granted in situations where the violence has been perpetrated against a victim by a person who they are married to or have been married to, who is a member of their family, who they have a child with or who they live with in an intimate relationship. Pursuant to the VFVA family violence does not just include acts of physical violence. Other examples of family violence include: damage or threats of damage to property; sexual violence or threats of sexual violence; and forcible confinement or deprivation of the necessities of life.
An EPO can offer a variety of protection for the victim of family violence, including:
• directing police officers to remove the person accused of committing family violence from the home;
• giving the victim exclusive occupation rights to the home, regardless of who is the legal owner of the home;
• requiring that the person accused of family violence continue to make mortgage or rent payments, even if they are no longer allowed at the home for the length of the EPO;
• restraining the person accused of committing family violence from communicating either directly or indirectly with the victim or other specified parties, such as the children of the relationship;
• granting temporary care and custody of any children of the relationship to the victim; and
• restraining the person accused of committing family violence from attending at places specified in the order.
An EPO comes into effect immediately once it is served upon the party accused of committing family violence. However, the requirement of service can be waived if it is believed that the party accused of committing family violence is avoiding service.
EPOs are viewed as a short term, emergency solution to situations of family violence. The maximum time is 90 days and in most situations EPOs are issued for less than 90 days. These orders provide a limited period of time in which the victim can explore further steps without the imminent threat of violence. Some steps victims of family violence may wish to take while the EPO is in effect include: consulting with a lawyer to determine their legal rights upon separation; looking at alternate housing options if they wish to leave the relationship; or attending counselling if they need assistance or guidance in dealing with the family violence that has occurred.
Alternatively, if you are the respondent to an EPO and have been accused of committing family violence and believe that certain provisions of the EPO should be changed or that the whole EPO should terminated, you have the right to make an application to the court asking that the EPO be varied or revoked.
If you are in a situation where an EPO has been issued or would like legal advice on a different family law matter, one of the family law lawyers at Key Murray Law would be pleased to assist you.
Katherine E. Ellis
Associate
Katherine.ellis@keymurraylaw.com
902-436-4511
Legal information appearing in this article and elsewhere on Key Murray Law’s website is intended for informational purposes only and is not intended to substitute for or replace any legal or other professional advice. If you have specific concerns or a situation in which you require legal advice, you should consult directly with one of our lawyers.