The Victims of Domestic Violence Act
provides remedies for victims in situations of
domestic violence.
A victim is a cohabitant subjected to
domestic violence by another cohabitant.
Cohabitants are people who have lived
together or are living together in a family,
spousal or intimate relationship, or who have children together.
A respondent is a person against whom an
order is sought or made.
Domestic violence is one or more of the
following:
- any intentional or reckless act or omission
that causes bodily harm or damage to
property;
- any act or threatened act that causes a
reasonable fear of bodily harm or damage
to property;
- forced confinement; or
- sexual abuse.
The Act provides emergency intervention orders,
victims’ assistance orders, and warrants of
entry to assist victims of domestic violence.
Emergency Intervention Order
An Emergency Intervention Order provides for
immediate action to protect a victim of
domestic violence in an emergency situation.
To apply for an order the victim, or a
person who is acting on behalf of a victim, should
contact the police, Victims Services
units of the police, First Nations’ community case workers or Mobile
Crisis services. These agencies are
authorized to make applications for these orders by
telephone. Designated Justices of the Peace are available 24
hours a day to hear applications for orders.
The Justice of the Peace will consider the
following factors:
- the nature of the domestic violence;
- the history of domestic violence by the
respondent towards the victim;
- the existence of immediate danger to persons
or property; and
- the best interests of the victim and any
child of the victim or any child who is
in the care and custody of the victim.
An Emergency Intervention Order can:
- give the victim exclusive occupation of the
home;
- restrain a respondent from communicating with
or contacting the victim or the victim’s
family;
- direct a police officer to remove the
respondent from the home;
- direct a police officer to accompany the
victim or the respondent to the home to
supervise the removal of personal belongings; and
- include any other conditions that the Justice
of the Peace considers necessary to
provide for the immediate protection of the victim.
The Emergency Intervention Order is only
available when, by reason of seriousness or
urgency, the order should be made without
waiting until the court can hear the
application.
In the absence of this requirement, the
victim may apply for a victims’
assistance order.
Victims’ Assistance Order
This order is issued by the Court of Queen’s
Bench. You should contact a lawyer or Legal
Aid to help you obtain a Victims’ Assistance
Order. Some of the orders the judge may make
include:
- all of the conditions that can be included in
an Emergency Intervention Order;
- requiring the respondent to pay the victim
compensation for monetary loss suffered as
a result of the abuse, including the cost of temporary
accommodation or legal expenses;
- granting the victim temporary possession of
personal property, such as a vehicle,
children’s clothing or identification documents; and
- restraining the respondent from contacting
the victim and the victim’s family,
employer, employees or co-workers.
Warrant of Entry
A Warrant of Entry may be issued by a Justice of
the Peace to a police officer. This warrant
can be used when there is concern that a person who is unable to act
on his or her own is suffering from domestic
violence and the respondent is
preventing others from seeing that person. A Warrant of Entry
enables police to enter a
building to examine a situation and, if necessary, remove the
victim for medical attention.
If you are aware of a situation in which a
Warrant of Entry may be needed, you should
contact the police.
