How to Get an Emergency Protection Order in Nova Scotia

If you are in immediate danger from a partner or family member, your safety comes first. If you are in danger right now, contact the police or emergency services straight away.

This article explains how emergency protection orders work in Nova Scotia, who can apply, and what happens at each step. The application is made by telephone, and the justice records the call and completes Form A.

This article covers the law of Nova Scotia.

How the application works

Emergency protection orders under the Domestic Violence Intervention Act must be applied for by telephone. The justice records the call and completes Form A. You do not need to fill out the form yourself.

Before you call, it can help to think about what you want to tell the justice: what has happened, when it happened, and why you feel unsafe. Having dates and details in mind can help the call go more smoothly, even when you are under stress.

Who can apply and when

A victim may apply between 9:00 am and 9:00 pm. Designated persons may apply at any time. These include:

• Peace officers.
• Victim Services staff.
• Designated transition house staff.

If it is outside the hours a victim can apply directly, a peace officer, Victim Services staff or designated transition house staff may still apply at any time.

What happens after the order is made

After an emergency protection 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.

The length of an order and its exact terms depend on the current Act and the order itself. Read the order carefully and ask a lawyer or Victim Services to explain how long it lasts and what it requires.

Longer-term family law issues that may follow

An emergency protection order deals with immediate safety. Separation often raises other questions about parenting, support, property and divorce. In Nova Scotia, the Supreme Court (Family Division) hears parenting arrangements, child support, division of matrimonial assets and debts, divorce, and child protection proceedings under the Children and Family Services Act.

When a court makes parenting or contact orders under the Divorce Act, it considers only the best interests of the child, giving primary consideration to the child's physical, emotional and psychological safety, security and well-being. The factors it looks at include family violence and its impact, and relevant civil or criminal proceedings or orders. How an emergency protection order fits into that depends on your situation, so it is worth confirming with a lawyer.

Other points that may come up later include:

• Child support for a child under the age of majority is generally the table amount for the payor's province, plus any section 7 amount, but the court may set a different amount for shared parenting (where each parent has the child at least 40% of the time), split parenting, or undue hardship.
• For spousal support, the court considers each spouse's condition, means, needs and other circumstances, and fault is not considered.
• The Parent Information Program is mandatory when a court application involving children is filed in the Family Division.
• The Maintenance Enforcement Program is a free service that helps people pay or receive court-ordered support, and enrolling an order is optional. It cannot enforce an order that is not enrolled.

Doing it without a lawyer

The application is made by telephone, and the justice records the call and completes Form A. A lawyer can help afterward, for example with the review, with parenting arrangements, or with support.

Family law matters under the Parenting and Support Act, Divorce Act and Children and Family Services Act can be covered by Nova Scotia Legal Aid if you meet its rules. You may qualify if you receive certain social assistance benefits, or if the Commission finds that hiring a lawyer would cause undue financial hardship. If legal aid is refused, you can appeal to the Commission by written request for review.

What to do next

• If you are in danger now, contact the police or emergency services right away.
• Write down dates, events and any threats while they are fresh.
• Keep your phone charged and know the numbers for police, Victim Services and a transition house.
• Keep a copy of the order and any notice of hearing, including Form F.
• Plan for the judge's review within 7 business days.
• Speak with a lawyer about parenting, support and other longer-term issues.

Frequently asked questions