How to Get an Emergency Intervention Order in Saskatchewan

If you are in danger from a partner or family member, you may need protection faster than a regular court application allows. Saskatchewan has an emergency process for this under The Victims of Interpersonal Violence Act.

This article explains in plain terms who decides, how the application is made, what the order can do, and what happens afterward. If you are in immediate danger, contact the police or emergency services right away. A lawyer or victim services worker can help with the details of your situation.

This article covers the law of Saskatchewan.

What an emergency intervention order is

An emergency intervention order is a short-notice protective order. A designated justice of the peace can grant it without notice to the other person if satisfied that interpersonal violence occurred and that urgency means the matter should not wait for a judge.

What counts as interpersonal violence is set by the Act, and definitions in legislation can change over time. Whether your situation fits the current definition is worth confirming with a lawyer or victim services.

Who can apply and how

The victim can apply in person, or someone else can apply on the victim's behalf with leave. Designated persons, such as peace officers and victim services staff, may apply by telecommunication, and the order takes effect immediately.

Because the order can be made without notice, the other person does not have to be told or present when it is granted.

What the order can do

• Give you exclusive occupation of the residence, regardless of who owns it.
• Direct a peace officer to remove the respondent from the residence.
• Bar contact with you, including electronic contact.
• Bar the respondent from attending places such as your work or school.

The exact terms depend on what the justice of the peace is satisfied is needed in your case.

What happens after it is granted

After the order is granted, the justice sends it to the court, and a judge reviews it within three working days of receipt, or as soon as a judge is available. The victim or the respondent can apply to vary or revoke the order.

Keep in mind that the review period comes from the Act as currently written, so confirm the present timing with a lawyer or court staff.

How an emergency order fits with longer-term family matters

An emergency order is about urgent protection and the home. Questions about children, support and property are generally dealt with through other family law steps, and how those apply depends on your situation.

If children are involved, Saskatchewan has used the terms decision-making responsibility and parenting time in place of custody and access since March 1, 2021. Decision-making responsibility means responsibility for significant decisions about a child's well-being, including health, education, culture, language, religion and spirituality, and significant extra-curricular activities. Parenting time is the time a child spends in the care of a person, whether or not the child is physically with that person the whole time.

The Children's Law Act, 2020 sets out these terms for unmarried parents and for married parents who are not seeking a divorce. A court may order supervised parenting time, for example where there is a risk of the child being abducted, and supervised visit centres operate only in Regina and Saskatoon.

Since July 1, 2022, family law matters coming to court in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings. A person can apply to the court for an exemption where there has been interpersonal violence, the other parent has abducted a child, or there is other urgency. If this affects you, ask a lawyer how an exemption would work in your case.

What to do next

• If you are in immediate danger, contact the police or emergency services right away.
• Contact police or victim services, who may be able to apply for you by telecommunication.
• Write down dates, messages and incidents while you remember them.
• Keep a copy of the order with you once it is granted.
• Speak with a lawyer about longer-term steps such as parenting arrangements, support and the family home.

Frequently asked questions