Emergency Protection Orders (EPOs)
An EPO is a Court Order that a person can apply for if there is an immediate threat of family violence by a family member as defined in legislation.
Who is a family member for EPO purposes?
Typically, this includes a blood relative, a spouse, a co-parent or an adult interdependent partner (often referred to as “common law partner”).
Should I get an EPO or a Restraining Order?
An EPO is different from a Restraining Order as the former is granted only in situations of family violence that will resume or continue.
How do I know what constitutes family violence?
Pursuant to the Protection Against Family Violence Act, family violence includes:
- any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a family member
- any act or threatened act that intimidates a family member by creating a reasonable fear of property damage or injury to a family member,
- forced confinement,
- sexual abuse,
- and stalking.
Do I have to tell the other party that I am applying for an EPO?
If you are applying for an EPO, you do not need to give notice to the other party.
I am considering applying for an EPO, or I have been served with an EPO. What can I do?
If you need assistance obtaining an EPO or receiving advice on whether other avenues might be appropriate for your particular case, Forum Law is able to help you. If you have been served with an EPO and do not know what to do, we are able to assist you as well. Our lawyers have successfully represented clients on both sides.
