Domestic Violence Act Introduced

Victims of domestic violence will be able to apply for emergency protection orders under new legislation brought forward today by Justice Minister Michael Baker. The Domestic Violence Act allows victims to apply to justices of the peace for 30-day orders for temporary possession of the home or bank accounts or for orders that direct an individual to avoid contact with the victim.

"This legislation is already in place in several other jurisdictions," said Mr. Baker. "Victims need to have some comfort that there are options which will protect their safety as well as their economic well-being."

The order may be made to ensure the immediate protection of the victim, without waiting for the next available sitting of a judge.

Once an emergency protection order has been granted, the justice of the peace then must forward all documents to a judge within two days. The order is then reviewed by a judge, who may confirm or vary it. Once confirmed or varied, it is considered to be an order of the court. Upon review, the judge may also require a hearing of the matter and can confirm, vary or terminate an order. The victim or respondent may apply to the court to change or terminate any provision of the order.

An order does not affect title or ownership of any real or personal property held jointly or solely by the parties.

"The experience of other jurisdictions tells us that emergency intervention orders are useful in responding to spousal or partner violence," said Mr. Baker. "It's one more tool we can use."

In her review of the Framework for Action Against Family Violence, Dawn Russell, dean of Dalhousie Law School, recommended the province consider domestic violence legislation.