Safety

This law gives people experiencing interpersonal violence access to certain protection orders. This law applies to:

• people who live together or have lived together as a couple or a family
• people who live together or have lived together in an intimate relationship
• parents of a child regardless of whether they are married or have ever lived together
• people in an ongoing caregiving relationship whether they have lived together or not

Interpersonal violence includes:

• physical harm or damage to property
• threats that cause a reasonable fear of physical harm or damage to property
• forced confinement
• sexual abuse
• harassment
• depriving someone of necessities such as food and shelter
• conduct that constitutes a pattern of coercive or controlling behaviour
• cyberstalking or online harassment

This law creates three ways to deal with interpersonal violence:

• emergency intervention orders
• victim's assistance orders
• warrants permitting entry

In an emergency, victims of interpersonal violence can apply to a special Justice of the Peace for help. This option is available at any time of the day or night. Police officers, mobile crisis workers and police-based victim services staff can help victims do this. The Justice of the Peace can make this order without waiting for the case to go to court or the accused knowing of the application. The Justice of the Peace must be satisfied that there has been interpersonal violence and that the matter cannot wait for a court hearing.

In deciding whether to make an order, the Justice of the Peace will consider:

• the kind of violence
• any history of violence in the relationship
• if there is immediate danger to a person or property
• the best interests of the victim and any children
• whether a child has been exposed to violence
• any recent change in circumstances of the accused, such as the loss of a job or getting out of jail
• any controlling behaviour of the accused
• if the victim is particularly vulnerable in some way

An emergency intervention order can include an order that:

• the victim have exclusive occupation of the home
• a police officer remove the accused from the home
• a police officer supervise while the accused or the victim takes personal belongings from the home
• the accused not contact the victim and other family members
• the accused not be near specified places where the victim or the family regularly go, such as their school or workplace

After a Justice of the Peace grants an emergency intervention order, the accused must be given a copy of the order. The order does not take effect against that person until they receive a copy of the order.

Because these are emergency orders, a judge must confirm them after the fact. The judge must look over the order and the supporting papers within three working days of getting the documents from the Justice of the Peace. If the judge is not satisfied that there was evidence for the order, the judge can schedule a rehearing of the matter. The accused or the victim can ask a judge to review the order at any time.

A victim's assistance order is similar to an emergency intervention order. The difference is that it is designed to be used in non-emergency situations. This type of application is made by the victim to a judge at the Court of King's Bench. When making a victim's assistance order, a judge can include any of the orders that may be made under an emergency intervention order. A victim's assistance order can also include an order:

• that the accused pay the victim compensation for things like medical or dental expenses, moving expenses or legal fees
• that either party have temporary possession of things like a car, children's clothing, identification, keys or passwords
• preventing the accused from selling or damaging any property that the victim has an interest in
• recommending that the accused receive counselling
• that the accused post a bond to ensure that they comply with the terms of any order

There are also warrants that allow police to enter a home and check on a potential victim. A Justice of the Peace may grant this warrant when there are reasonable grounds to believe a victim of interpersonal violence will be found. The warrant may be granted only after the potential abuser has refused access to the home. It gives the holder of the warrant the right to go into the home. They may assist or examine the possible victim and may remove the victim from the home, if necessary.

If you fear you may be harassed or abused in the future, and have good reason to believe so, you can get protection from the courts in the form of a peace bond. A peace bond is not a criminal conviction. It is a court order that requires another person to "keep the peace" for a certain amount of time. They must also obey any other conditions the court may add. As long as the conditions of the peace bond are met, the person will not be charged with a criminal offence. If the conditions of the peace bond are broken, however, the person may be charged with a criminal offence. If convicted, they may be fined or jailed and will then have a criminal record.

For more information, see Peace Bonds.

If the abuser is your spouse, a court can also make an order preventing the abuser from selling, giving away or taking property. The court must be satisfied that the spouse is:

• wasting family property
• jeopardizing the family’s financial security
• attempting to avoid a division of it under family property laws

The Interpersonal Violence Disclosure Protocol (Clare’s Law) Act allows people to request information from the police about a partner’s abusive or violent past. Requests can be made by:

• the individual
• a parent or guardian of a minor
• third parties who have a close personal relationship with someone they believe is at risk

There are measures in place to address privacy and confidentiality issues. Generally, the information that is provided will not include specific details. Instead, it will be an assessment of the level of risk to the individual. More information is available from your local police service.