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Protection Against Family Violence Act
(PAFV)-
Questions and Answers about Bill 21:
Who is a Respondent and an Applicant?
Respondent: means a person against whom
an emergency protection order or a protection order is
sought or granted and is the person who is accused of
committing an act of family violence.
Applicant: is the person who applies for an
emergency protection order or a protection order.
Who Can Apply for Protection Under the PAFV?
The following people can apply for protection under the Act:
- a spouse or former spouse.
- anyone who has or is living with someone in a family or intimate relationship (i.e. a parent, grandparent, sibling, child, or boy/girlfriend who have lived together).
- anyone who has had a child with the respondent.
- a parent or a grandparent of any of the above people.
What is Family Violence?
Family violence occurs when someone through their action or inaction causes any of the following to
happen to another person in a family or intimate relationship:
- hurts or damages a person or property.
- causes someone to fear for their safety.
- causes someone to fear for the safety of a child in their care.
- causes a child in their care to fear for his or her safety.
- sexual abuse of a person or child in their care.
- forcible confinement.
- psychological, emotional or financial abuse that causes harm or fear of harm to
the applicant or a child in their care.
What Protections Are Available Under the PAFV?
Emergency Protection Orders can be
issued 24 hours a day from a Justice of the Peace who is satisfied that
family violence has taken place or there is an immediate danger of
family violence.
An emergency protection order may:
- direct the police to remove the respondent from the house.
- give the applicant sole use of the home and/or other property.
- not allow communication between the people involved.
- direct the police to assist with the removal of
personal belongings.
- protect property in which the applicant has an
interest
- require the seizure of weapons or firearms by the police
All emergency protection orders are
reviewed by the Supreme Court, who may agree with the order, or hold a
hearing where they can agree with, change, or revoke the order.
Protection Orders are available on
application to the Supreme Court. They may be ordered when the
Court is satisfied that family violence has occurred. A protection
order may contain similar provisions as an emergency protection order.
It can also include financial compensation and
counseling orders.
A Warrant permitting entry is available 24
hours a day and may be issued by a Justice of the Peace who is satisfied
someone who may be a victim of family violence can not be reached and is
likely in the place to be entered. This gives someone the right to
enter and search the place named in the warrant, help the person who may
have a victim of family violence, and remove anything that may be
evidence of family violence.
How Can I Apply for an Order?
Apply for an Emergency Protection Order by contacting
your local RCMP or calling 1-866-223-7775, 24 hours a day.
A Justice of the Peace will hear the evidence and could issue an order.
You need to apply for a Protection Order
through the court.
What if Someone Does Not Follow an Order?
The PAFV makes it illegal to not follow an order. If convicted
of breaking an order, preventing someone from performing part of an
order, or publishing information not allowed under the Act, a person
could face a fine up to $5,000 and six months in jail.
Can a Protection or Emergency Protection Order be Changed?
After an order has been made, the applicant or respondent can apply to the Supreme Court to change or revoke the order.
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