Government of Nova Scotia gov.ns.ca
gov.ns.ca Government of Nova Scotia Nova Scotia, Canada
 
Justice

Domestic Violence Intervention Act

About the Domestic Violence Intervention Act

If you have an emergency, call 911.

 

What is the Domestic Violence Intervention Act?

The goal of the Nova Scotia Domestic Violence Intervention Act is to protect victims of domestic violence. You can use the Act to apply for an Emergency Protection Order.

In some situations of domestic violence it will also be appropriate:

  • for the police to lay charges under the Criminal Code
  • for the victim and children to leave the home
  • to apply for a peace bond

 

What is an Emergency Protection Order?

An Emergency Protection Order permits immediate action to protect a victim of domestic violence in an emergency situation. It is:

  • available 24 hours a day
  • issued by a specially designated justice of the peace
  • in effect for as long as directed by the justice of the peace, up to 30 days
  • reviewed by the Supreme Court of Nova Scotia

 

What can an Emergency Protection Order do?

It can give the victim:

  • exclusive occupation of the home, up to 30 days
  • temporary possession of specified personal property, such as a car

It can give temporary care and custody of a child to the victim or another person.

It can direct a peace officer, such as the police to:

  • remove the respondent from the home
  • accompany the victim or respondent to the home to supervise removal of personal belongings

It can direct the person against whom the order is made:

  • to stay away from any place identified in the order
  • not to contact the victim or another person
  • not to take, sell, or damage property
  • not to commit any further acts of violence against the victim

It can prohibit the publication of the victim's name and address.

 

When is an Emergency Protection Order appropriate?

An Emergency Protection Order is granted only if a designated justice of the peace is satisfied that:

  • domestic violence has happened
  • the situation is serious and urgent.

The justice of the peace must look at the:

  • nature and history of the domestic violence
  • existence of immediate danger
  • best interests of the victim or any child or other person in the victim's care.

 

Who can apply for an Emergency Protection Order?

A victim or person acting on behalf of a victim with the approval of a justice of the peace, or a designated person.

Designated persons are:

  • peace officers, such as the police
  • victim services workers employed by the Nova Scotia Department of Justice, the police, or the RCMP
  • designated employees of a transition house that is a member of the Transition House Association of Nova Scotia

 

When can a person apply for an Emergency Protection Order?

A victim or person acting on behalf of the victim with the approval of a justice of the peace, can apply any day of the week, from 9 am to 9 pm.

A designated person can apply on behalf of the victim at any time.

 

What are the offences under the Domestic Violence Intervention Act?

It is an offence for anyone to

  • fail to comply with the provisions of an order
  • falsely and maliciously make an application
  • obstruct any person who is performing any function authorized by an order
  • publish any information in contravention of an order

 

How can a victim apply for an Emergency Protection Order?

If you believe that an Emergency Protection Order will help you,

  • call the Justice of the Peace Centre toll free at 1(866) 816-6555 or
  • ask the police, Victim Services, or a transition house worker to apply for an order on your behalf

 

More information about domestic violence

The following resources offer additional information about domestic violence:

If you have an emergency, phone the police at 911.