How to Get an Emergency Protection Order in Nova Scotia
A step-by-step guide to Nova Scotia Emergency Protection Orders and longer-term protection options.
Emergency Protection Orders in Canada: Plain-Language Guide
What Is an Emergency Protection Order (EPO)?
An Emergency Protection Order (often called an EPO) is a short-term court order that can place immediate limits on another person’s behaviour to increase safety. In many parts of Canada, an EPO is used in situations involving family or relationship harm where there is concern about ongoing or escalating risk.
Terms and names can change between provinces and territories. Some places use different names such as “emergency intervention order,” “restraining order,” or “protection order,” and the rules for each are not the same.
Each province and territory has its own laws and processes. Local victim services, legal clinics, or shelters can explain how emergency and protection orders work where you live, and the resources listed at DV.Support include options across Canada.
What an EPO Can Usually Do
Depending on local law and the judge or justice of the peace, an EPO may:
- Order the other person not to contact you (by phone, text, online, or in person)
- Order the other person to stay away from your home, work, school, or other places you regularly go
- Give you temporary, exclusive possession of the home or certain belongings
- Include conditions around weapons (for example, not having or using firearms)
- List other safety-related rules the other person must follow
Breaking an EPO can be a criminal matter in many provinces and territories, but this also varies by region.
EPOs and similar orders are tools. They can help with safety planning but do not physically stop someone from causing harm. Consider how a person might react to being served with an order when thinking about your overall safety plan.
How Emergency Protection Orders Are Issued (Plain Language)
Processes differ across Canada, but in general, an EPO or similar emergency order often involves these steps:
- Contacting a point of help. This may be police, a victim services program, a shelter, a legal clinic, or a court office, depending on your area.
- Sharing basic information about risk. You may be asked to describe recent incidents, threats, and current safety concerns. Some places use a form; others ask questions by phone or in person.
- Speaking to a judge or justice of the peace. In some regions, this can happen by phone or video, especially outside regular court hours. In others, you may need to attend a courthouse.
- The decision. A judge or justice decides whether the situation meets the legal test for an emergency order and what conditions, if any, are appropriate.
In many provinces, EPOs can be requested outside regular business hours so that people are not left without options overnight or on weekends, but the details depend on where you live.
You do not have to involve police in every province to ask about protection orders, but in some regions police play a key role in the process. Local victim services or legal help can explain your options.
Service of the Order and What It Means
“Service” means officially giving the other person a copy of the order so they know it exists and what it says. An order usually does not take full effect against the other person until it has been properly served, according to local rules.
Service is often arranged in one of these ways, depending on the area:
- Police or sheriffs delivering the order in person
- A process server or other authorized person hand-delivering the documents
- In some places, specific alternative methods allowed by the court (for example, if the person is hard to locate)
Once served, the other person is expected to follow every term of the order. If they ignore the order, police may be able to respond, depending on local laws and what the order says.
It is usually safer not to serve the order yourself. Ask the court, victim services, or police how service is handled in your province or territory.
Review Hearings and How EPOs Are Checked by the Court
Many emergency orders are temporary and must be reviewed by a judge within a certain number of days or weeks. At a review hearing, the court looks again at the situation and the conditions in the order.
At a review hearing, possible outcomes may include:
- Confirming (keeping) the order as it is for a set period
- Changing some conditions (for example, where the person must stay away from)
- Extending the time the order is in place, where allowed by law
- Ending the order if the legal requirements are not met
The other person usually has a chance to appear or be represented at the review hearing, and in some cases they can ask the court to change or cancel parts of the order later.
If attending court feels unsafe, ask victim services, a court worker, or a legal clinic about options such as waiting in separate areas, appearing by phone or video (where allowed), or having a support person with you.
Long-Term Protection Options
EPOs and similar emergency orders are usually short-term. For longer protection, other options may be available, depending on your province or territory. These can include:
- Longer-term protection orders. Some regions allow people to apply for a more permanent family or civil protection order after, or instead of, an EPO.
- Peace bonds or similar criminal-law tools. A peace bond is a criminal court order in some parts of Canada that can place conditions on another person’s behaviour, even if they are not convicted of a crime.
- Family court orders. In situations involving children, some family court orders (such as parenting arrangements or conditions about communication) can form part of a broader safety plan.
- Conditions from criminal charges. If the other person is charged with a crime, there may be bail or probation conditions that limit contact or require the person to stay away.
Each option has different requirements, time frames, and strengths. Many people combine legal tools with practical safety steps, such as planning safe communication, securing devices, and keeping copies of important documents.
For information specific to your area, consider contacting a local community legal clinic, victim services program, or family violence outreach worker. They can often explain the range of protection options available in your province or territory.