Within 9 days of an Emergency Protection Order (EPO) being granted a review hearing will be held in front of a judge at the Court of King’s Bench. The respondent (the individual whom the EPO is sought against) will have an opportunity to share their side of the story. The respondent has the opportunity to obtain a free transcript of the evidence given when the EPO was granted.
The respondent has the right to respond to the allegations by submitting an Affidavit in Response, which is a sworn document in which the respondent will give their response and their version of events. The respondent will not be able to say anything in court that is not contained in the Affidavit. The respondent will need to file the forms at the courthouse and then serve the applicant (the person seeking the EPO) by sending it to their lawyer’s address or the applicants address. It cannot be served in person by the respondent.
At the hearing the judge will review the EPO and make their decision based on criteria set out in the Protection Against Family Violence Act . They will consider the following factors:
a. The history of family violence by the respondent towards the claimant and other family members
b. The presence of controlling behaviour by the respondent to the claimant and other family members
c. If the family violence is repetitive or escalating
d. If there is any immediate danger to persons or property
e. If there are vulnerable elderly claimants
f. If any child of the claimant or child in their care is exposed to family violence
g. The best interests of the claimant and any child in their care and custody
h. Creating a safe environment for the claiming to arrange for long-term protection from family violence
The court will weigh these factors to decide whether to revoke the order, confirm the order, direct a viva voce (oral) hearing to be held, or revoke the order and grant a King’s Bench Protection Order.
For the order to be confirmed all three elements of the test under the Protection Against Family Violence Act. Family violence has occurred, the violence will continue or resume and the threat of family violence is imminent. The judge can rule a clear yes or no (confirm or revoke), decide on an alternative type of order (the King’s Bench Protection Order) or decide they need to hear more evidence which is done through an oral hearing.
After the oral hearing a Mutual No Contact order will often be offered as a dispute resolution option . A judge will suggest this in situations where both the claimant and respondent allege violence or harassment from the other side. A mutual order is a consent order that both sides agree too and prohibit either party from contact the other directly or indirectly. A mutual order will include enforcement clauses that will result in police involvement if the order is broken by either party. In the instance of a Mutual No Contact Order the EPO will be revoked and the parties will proceed with the mutual orders in place.
An EPO can be ended in several ways. The one-year limit may expire. A judge can order the EPO ended. The claimant may apply to the court via an affidavit to have the EPO revoked or to have the details of it changed. It is not possible for the respondent to apply to have an EPO revoked.
During the period that an EPO is
How does an EPO play into a Parenting Order? I’m not sure – does the claimant then apply for a Parenting Order after an EPO is granted? If a parenting order was already in place what effect does granting an EPO have on it? Does a new Parenting order need to be made during the time an EPO is valid? I believe I have a fair understanding of what the 2 year but am not sure on how the exist in reality.