How to Get an Emergency Protection Order in Prince Edward Island

A survivor-friendly overview of PEI Emergency Protection Orders and longer-term options.

Emergency Protection Orders (EPOs) in Canada

What an Emergency Protection Order Is

An Emergency Protection Order (EPO) is a short-term court order that can be issued quickly when someone is in immediate danger from a partner, ex-partner, or family member. It is meant to increase safety right away while longer-term options are considered.

The exact name and process can differ by province or territory (for example, “emergency intervention order” or “restraining order” may be used instead). However, these orders generally aim to create space and reduce contact so a person can stay safer and plan next steps.

What an EPO Can Commonly Include

Depending on the province or territory and what the judge or justice of the peace decides, an emergency order may:

• Order the other person not to contact you, directly or indirectly (including through messages, phone, or social media)
• Require the person to stay away from your home, work, school, or other listed places
• Give you temporary exclusive possession of the home, even if the lease or title is in the other person’s name
• Address temporary care of children and contact with them
• Allow police to remove the other person from the home if needed
• Set conditions about weapons (for example, temporary surrender of firearms)

Application and Rapid-Issue Process

Emergency protection orders are designed to be available quickly when there is serious and urgent safety risk. In many parts of Canada, they can be requested outside regular court hours.

Who Can Ask for an EPO

Depending on local rules, an application may be made by:

• The person experiencing harm
• A police officer
• A designated social worker, victim services worker, or community professional

In some places, an application can be made by phone to a justice of the peace or judge. In others, it may require going to a courthouse or connecting with a designated agency.

Information You May Be Asked For

When an EPO is requested, the decision-maker will usually ask about:

• Recent incidents that made you feel unsafe
• Any threats or controlling behaviour
• Access to weapons
• Where you and the other person live and whether children are involved
• What specific protections you are asking for (for example, no contact, stay-away from certain places)

How Quickly an EPO Can Be Issued

Emergency orders can sometimes be issued the same day, especially where an on-call judge or justice of the peace is available. In many areas, police or a designated worker can help connect you to that decision-maker by phone or video, so you do not have to wait for a regular court date.

Because of this speed, the other person is often not present when the order is first granted. This is usually temporary, until a later review hearing.

Service of the Order

Once an EPO is made, it usually needs to be “served” on the other person. Service means giving the person official notice of the order and its conditions.

In many regions:

• Police or a sheriff’s officer will try to personally serve the order
• The order may only become enforceable once it is served, or once certain legal notice steps have been taken
• You are not expected to serve the order yourself, especially if it would be unsafe

Review Hearings and What to Expect

Because emergency orders are often made without the other person present, many provinces and territories require a later court hearing to review the order. This can be called a review hearing or confirmation hearing.

Timing of the Review Hearing

Local laws set timelines for review, often within days or weeks. At this hearing:

• The judge reviews the emergency order and the reasons it was granted
• The other person has a chance to attend and respond
• The judge decides whether to continue, change, or end the order

Your Participation

You may be asked to attend the review hearing, either in person or by phone/video. You can usually:

• Confirm why you asked for protection
• Explain whether you still feel unsafe
• Share whether the other person has followed or broken the order so far

Possible Long-Term Court Orders After an EPO

An EPO is generally short-term. After the review hearing, the court may consider other, longer-lasting options. These can have different names depending on the region and the type of court.

Protective or Restraining Orders

In many parts of Canada, there are longer-term civil orders that can:

• Continue no-contact and stay-away conditions for a longer period
• Set out rules about communication through third parties or about children
• Be renewed or varied if the situation changes

These might be called restraining orders, protection orders, or similar names, and may be requested through family or civil court.

Family Court Orders

If there are children or shared property, family courts can sometimes make orders related to:

• Parenting time and decision-making responsibilities
• Who lives in the family home temporarily
• Financial support during separation

Safety concerns can be raised in family court so they are considered when these decisions are made.

Criminal Court Conditions

If the other person is charged with a criminal offence, criminal courts can also set conditions such as:

• No contact or limited contact
• Not attending certain places
• Following bail or probation conditions

These conditions are separate from an EPO but can overlap in purpose. A person might have both a civil protection order and criminal court conditions at the same time.

Lists of additional support resources for people experiencing relationship harm across Canada, including legal information and referral services, can be found through organizations linked at DV.Support.

Recommended Articles

• Staying Safer Online and with Devices
• Safety Planning in Ontario
• Legal Safety Options in Canada
• Understanding Protection and Restraining Orders
• Planning for Safety When Children Are Involved