List of summaries, consolidations and regulations
The Victims of Domestic Violence Act
The Victims of Domestic Violence Act provides remedies for victims in situations of domestic violence.
A victim is a cohabitant subjected to domestic violence by another cohabitant.
Cohabitants are people who have lived together or are living together in a family, spousal or intimate relationship, or who have children together.
A respondent is a person against whom an order is sought or made.
Domestic violence is one or more of the following:
The Act provides emergency intervention orders, victims' assistance orders, and warrants of entry to assist victims of domestic violence.
Emergency Intervention Order
An Emergency Intervention Order provides for immediate action to protect a victim of domestic violence in an emergency situation. To apply for an order the victim, or a person who is acting on behalf of a victim, should contact the police, Victims Services units of the police, First Nations' community case workers or Mobile Crisis services. These agencies are authorized to make applications for these orders by telephone. Designated Justices of the Peace are available 24 hours a day to hear applications for orders.
The Justice of the Peace will consider the following factors:
An Emergency Intervention Order can:
The Emergency Intervention Order is only available when, by reason of seriousness or urgency, the order should be made without waiting until the court can hear the application.
In the absence of this requirement, the victim may apply for a victims' assistance order.
Victims' Assistance Order
This order is issued by the Court of Queen's Bench. You should contact a lawyer or Legal Aid to help you obtain a Victims' Assistance Order. Some of the orders the judge may make include:
Warrant of Entry
A Warrant of Entry may be issued by a Justice of the Peace to a police officer. This warrant can be used when there is concern that a person who is unable to act on his or her own is suffering from domestic violence and the respondent is preventing others from seeing that person. A Warrant of Entry enables police to enter a building to examine a situation and, if necessary, remove the victim for medical attention.
If you are aware of a situation in which a Warrant of Entry may be needed, you should contact the police.