Family Violence and Emergency Protection Orders

Nobody should be a party to and on the receiving end of domestic abuse. So many victims stay silent and continue to live with the abuser, at the risk to themselves and their children. 

Let as PROTECT you from these circumstances and ensure that you receive immediate help and protection if required, as well as ongoing support and resources to ensure you and your children are protected.

We can PROTECT YOUR INTERESTS by ensuring that appropriate Cohabitation, Prenuptial and Separation Agreements are entered into. If required, we will lead you through every step of your Divorce/Separation proceedings as it relates to this matter.

The Protection Against Family Violence Act provides authority to apply for an emergency protection order [“EPO”] or a King’s Bench Protection Order [“KBPO”]. These orders are meant to ensure safety of an individual who has experienced domestic abuse or domestic violence.

An EPO is granted by a Provincial Court judge or by a justice of the peace, is applied for without notice, and must be reviewed within 9 business days by the Court of King’s Bench. On the other hand, a KBPO is granted by a justice of the Court of King’s Bench, usually applied for by notice to the respondent, and contains wider ranging remedies than an EPO. 

There is a component of “seriousness or urgency” in granting such orders. 

The harmed party also has an option of applying for Restraining Orders at any time. These are discretionary orders that are granted by the Court of King’s Bench. 

When one party is being stalked at home or their place of employment, has a reasonable for their safety and that the other party would cause them damage, a Restraining Order is the right option. 

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