legal

How to Get an Emergency Protection Order in Nunavut

A clear guide to Nunavut Emergency Protection Orders and next-step protections.

NunavutEPO

LEGAL & SAFETY OPTIONS

Understanding Emergency Protection Orders (EPOs) in Canada

What is an Emergency Protection Order?

An Emergency Protection Order (EPO) is a short-term court order meant to provide fast protection from a person who is causing harm, threatening harm, or making you feel unsafe in a family or intimate relationship.

The exact name and rules can change by province or territory. In some places, similar orders may be called emergency intervention orders, emergency family violence intervention orders, or have other names.

In many regions, EPOs are available 24/7 through on‑call judges or justices of the peace, often reached with help from police or local victim services.

Basic Features of an EPO

Depending on your province or territory, an EPO can sometimes:

Order the other person not to contact you (by phone, text, online, or in person)
Require the other person to stay away from your home, work, or school
Give you temporary possession of the home, even if the other person’s name is on the lease or title
Address temporary care of children (for example, who the children stay with for now)
Allow police to remove the other person from the home
Allow police to go with you to collect essential personal belongings

EPOs are usually short term. They often last days to a few months and are meant to give you time to consider longer‑term safety and legal options.

Who Can Apply for an EPO?

This differs by province or territory, but commonly an EPO may be available if:

There is or was a family, intimate, or co‑parenting relationship
There has been violence, threats, stalking, or serious harassment
You fear for your safety or the safety of children or other family members

Applications are often made by:

Police officers on your behalf
Victim services workers or shelter workers (in some regions)
You directly, sometimes by phone to a justice of the peace or judge

Front‑line workers (such as shelter or victim services staff) can often explain local options and help you understand forms and processes, but they are not a replacement for legal advice.

How an EPO is Issued

The process for issuing an EPO usually happens quickly and may involve:

Contacting police or a support service: They may help you contact a justice of the peace or judge.
Providing information: You may be asked about recent incidents, threats, weapons, children, and where the other person is.
Remote or emergency hearing: In some regions, an EPO can be granted by phone or video, often without the other person present at first (“ex parte”).
Judge or justice decision: They decide if the legal test for an EPO is met under local law.

If the judge grants the order, it is written down, given a file number, and prepared so that it can be formally given (served) to the other person.

Service of the EPO

“Service” means officially giving the order to the person it applies to. Until service happens, the person may not be legally aware of the order.

In many areas:

Police or a sheriff usually serve the EPO, not you
They may try to find the person at home, work, or other known locations
The EPO usually comes into full effect once it has been served

If you are told the order has not yet been served, it can be helpful to ask police or victim services what this means for your safety planning and what steps they are taking to locate the other person.

What to Expect After an EPO is Granted

After an EPO is in place, you may notice:

Police can act if the other person breaks (breaches) the order
You may be given a copy of the order to keep with you or store safely
Schools, employers, or child‑care providers may be told, if that feels safe and is allowed in your area

The other person may also:

Be told about any no‑contact or no‑go conditions
Be warned that breaching the order could lead to criminal charges
In some cases, be removed from the home

Follow‑Up Hearings and Court Dates

Emergency orders are often temporary and may require a later court hearing. In many regions:

A review hearing is scheduled within a set time (for example, within a few weeks)
The other person may have the right to attend and respond
The judge may:
- Continue (extend) the order
- Change the conditions
- End the order
- Transfer the case into a longer‑term family or protection order process

Try to write down any court dates, locations, and file numbers. If it is not safe to keep papers at home, consider a trusted person or a safe digital copy with secure access.

Your Role at a Hearing

Your participation can vary by province and by situation, but you may be asked to:

Tell the judge in your own words why you requested the order
Answer questions about safety concerns and recent incidents
Explain any fears about future contact or living arrangements

Where available, duty counsel, legal clinics, or community legal support may provide information on what to expect, but they cannot guarantee outcomes.

What Happens if the Order Is Breached

If the person breaks the conditions of the order (for example, contacts you or comes near your home when they are not allowed):

You can contact police and tell them you have an order and believe it has been breached
Police may check their systems for the order and respond according to local practice
Breaches may lead to criminal charges in many regions

If you are unsure what counts as a breach under your specific order, you can ask a victim services worker, legal clinic, or lawyer to help you read and understand the wording.

Planning for Longer‑Term Safety

An EPO is usually one piece of safety planning, not a complete solution. You may want to think about:

How to stay safer in daily routines (work, school, transit, social activities)
Safer ways to use phones, social media, and location services
Who in your life needs to know about the order for safety reasons

For ideas about online and device safety, you can explore information similar to what is found in digital‑safety resources.

Longer‑Term Legal Options

As the EPO nears its end, or if your situation changes, there may be longer‑term legal options, depending on where you live. These can include:

Family or civil protection orders: Longer‑term court orders that can set boundaries about contact, communication, and being near your home or workplace.
Family law orders: Court decisions about parenting time, decision‑making for children, and sometimes exclusive possession of the home.
Peace bonds or recognizances: Criminal‑law‑based orders that may place conditions on the other person’s behaviour for a set time.

Availability and details of these options differ across provinces and territories. A legal clinic, duty counsel, or community legal service can explain how local processes work, but cannot promise results.

Support While Using EPOs and Other Orders

Navigating EPOs and follow‑up court processes can feel complex, especially when safety is a concern and there may be children, immigration issues, or financial pressures. Many people find it helpful to:

Connect with local victim services or community‑based anti‑violence programs
Ask about court accompaniment or translation/interpretation if language is a barrier
Keep a simple record of incidents, breaches, and any police file numbers

Additional support options across Canada, including links to regional services, can be found through resources listed at DV.Support.

If an EPO Is Not Granted

Sometimes an EPO is not granted even when a person feels unsafe. If this happens, possible next steps can include:

Asking the court or a legal clinic to explain the decision in plain language
Exploring whether another type of order (such as a peace bond or family protection order) might be possible
Updating your safety planning around home, work, and digital spaces

Even without a court order, police can sometimes act on criminal behaviour such as assault, threats, or harassment. What police can do depends on the situation and local law.

Key Points to Remember

EPOs are short‑term protection tools and may be issued quickly in urgent situations.
Processes and names vary across Canada; local information is important.
Orders are more effective when police and key places (like schools or workplaces) know about them, when that feels safe to you.
Longer‑term safety often involves a mix of legal options, practical planning, and community support.