Exclusive Occupation of the Home After Abuse in Nova Scotia

If you have experienced abuse, staying in your home can feel like the most important question. You may be worried that the person who hurt you has the right to be there because their name is on the title or the lease.

Who owns or rents a home is only one question when a relationship breaks down, and it may not answer who can stay. How that question is answered in your situation depends on the details, so it is worth confirming with a lawyer. This page explains the main paths in Nova Scotia and where the details need a lawyer's confirmation.

This article covers the law of Nova Scotia.

Why the name on the title is not the whole story

Many people assume that the owner or the named tenant automatically decides who stays. Where abuse is involved, safety is a serious concern, and how the law applies to your living arrangements depends on your situation, so it is worth confirming with a lawyer. Whether a particular order can give you exclusive occupation, and for how long, depends on the wording of the order and the law it is made under.

Because the exact terms matter, ask a lawyer to confirm what you can request in your situation.

Emergency protection orders

An emergency protection order under the Domestic Violence Intervention Act must be applied for by telephone. A victim may apply between 9:00 am and 9:00 pm, while designated persons, such as peace officers, Victim Services staff and designated transition house staff, may apply at any time. The justice records the call and completes Form A.

After an order is made, a judge must review it within 7 business days after receiving the order and supporting documentation. Notice of a hearing before a judge is given to the victim in Form F.

How long an emergency protection order lasts, and exactly what conditions it can include, should be confirmed against the current Act with a lawyer or Victim Services.

Applications in the Supreme Court (Family Division)

Divorces in Nova Scotia are heard in the Supreme Court of Nova Scotia (Family Division). That court hears parenting arrangements, child support, division of matrimonial assets and debts, and divorce.

When parenting orders are being decided under the Divorce Act, the court considers only the best interests of the child, with primary consideration to the child's physical, emotional and psychological safety, security and well-being. Family violence and its impact is one of the listed factors. If children live in the home, that history matters.

A parent filing a court application involving children in the Family Division must take the Parent Information Program, which is mandatory.

Getting help with the cost

Nova Scotia Legal Aid family coverage extends to matters under the Parenting and Support Act, the Divorce Act and the Children and Family Services Act, as well as separation agreements and family appeals. An applicant is financially eligible if they qualify for benefits under the Social Assistance Act or the Employment Support and Income Assistance Act, or if paying for services elsewhere would reduce their income enough to qualify.

The Commission may also find you eligible even if your income is above the usual amounts, where hiring a lawyer would cause undue financial hardship. If legal aid is refused, suspended or withdrawn, you can ask the Commission for a review by written request.

What to do next

• Make a safety plan and keep emergency numbers where you can reach them.
• Contact Victim Services or a transition house if you want help applying for an emergency protection order.
• Keep copies of messages, photos, medical records, police reports and the lease or ownership papers.
• Write down dates and details of incidents while you remember them.
• Speak with a lawyer or legal aid about which order fits your situation and what it can say about the home.

Frequently asked questions