How to Get a Family Violence Protection Order in Yukon
A guide to Yukon Family Violence Protection Orders (FVPOs) and emergency options.
Family Violence Protection Orders: Key Steps and Safety Options
Emergency vs. Standard Family Violence Protection Orders
Many provinces and territories in Canada have laws that allow for protection orders specifically related to family or relationship violence. Names vary by region (for example, “Emergency Protection Order,” “Intervention Order,” or “Family Violence Protection Order”), but the overall purpose is similar: to set legal limits on contact and behaviour to increase safety.
Emergency Family Violence Protection Orders
- Usually available when there is an urgent safety concern and waiting for a regular court date could increase risk.
- Often requested outside regular court hours, including evenings or weekends, sometimes by phone or video with a judge or designated justice.
- In many regions, police, victim services, or designated workers can help apply for an emergency order on short notice.
- Emergency orders are usually temporary and set a short expiry date or a review/hearing date.
Standard (Non-Emergency) Family Violence Protection Orders
- Used when there is family violence or a pattern of harm, but the situation does not require an after-hours emergency order.
- Typically applied for through regular court processes during business hours.
- May last longer than an emergency order, sometimes months or longer, depending on the region and court decision.
- More information and evidence can often be provided at a scheduled hearing.
Application and Issuance Process
The exact steps vary by province and territory, but many areas follow a similar outline. This is general safety information, not legal advice.
Starting an Application
- Where to apply: Often at a provincial/territorial court or family court. Some areas have specialized family violence courts.
- Who can apply: Usually a person experiencing relationship or family violence. In some regions, police, victim services workers, or other professionals can apply on a person’s behalf, especially for emergency orders.
- Forms: Courts typically require written forms describing:
- Relationship to the other person
- Recent incidents of harm, threats, or controlling behaviour
- Why protection is needed and what type of conditions are being requested
- Evidence: You may be asked to provide details such as dates, locations, any police reports, messages, or witnesses. Not having documents does not automatically prevent an order, but more information can help the court understand the situation.
How Orders Are Issued
- Emergency orders: In many regions, a judge or justice can issue an emergency protection order quickly based on:
- An oral statement (often by phone or video) and/or
- A brief written summary of the situation
- Standard orders: A judge usually reviews:
- Your forms and any supporting information
- Applicable laws in that province or territory
- Interim or temporary orders: In some cases, the court may issue a short-term order first (without a full hearing) and set a date for both sides to attend later.
Service and Hearing Process
Serving the Order
- After a protection order is made, the other person must usually be formally “served” (given a copy) so they know the conditions.
- Service is often done by:
- Police or a sheriff, or
- In some areas, a professional process server
- The person who requested the order is usually not required to serve the documents themselves, and it is generally safer not to personally hand over papers.
- Once service is completed, proof of service may need to be filed with the court.
Hearing or Review
- Emergency orders: Often followed by a later court date where:
- The judge reviews whether the emergency order should be continued, changed, or ended.
- Both sides may have a chance to speak or provide information.
- Standard orders: Usually involve a scheduled hearing where:
- You may explain your situation to the judge.
- The other person may respond or bring their own information.
- Attending remotely: Some courts may permit phone or video participation in certain situations. Availability differs by region.
- Changes or extensions: If circumstances change, there may be a process to ask the court to change, cancel, or extend a protection order.
Types of Protections Available
Protection order conditions differ by law and by case. The judge chooses which conditions are appropriate and lawful in that region. Common types of protections may include:
Contact and Communication Limits
- No direct contact (in person, phone, text, email, social media, or third parties).
- Limits on indirect contact, such as messages through friends or relatives, except for specific purposes (for example, child arrangements if permitted).
- Restrictions on posting about the person online or sharing private images or information.
Distance and Location Conditions
- Staying a certain distance away from:
- Home or temporary shelter
- Workplace or school
- Children’s school or daycare
- Other important places (for example, a relative’s home)
- Not following, watching, or monitoring the person in public or online.
Exclusive Possession and Home-Related Conditions
- In some regions, the order may give one person temporary “exclusive possession” of a shared home, meaning the other person must stay away, even if their name is on the lease or title.
- Orders may address access to specific property items needed for daily living, such as clothing, identification documents, or children’s belongings.
Weapons and Safety-Related Conditions
- Requiring the other person to surrender firearms or weapons to police in line with local and federal laws.
- Restricting the person from obtaining new firearms or weapons while the order is in place.
- Other safety-focused rules tailored to the situation, if allowed by the law in that region.
Children and Family-Related Conditions
- Setting out how communication about children can occur (for example, through a third party, email, or an app) if contact is allowed for parenting reasons.
- Specifying safe locations and times for child exchanges, or using supervised exchange services if available.
- In some regions, limited temporary directions related to care of children may be included in the order, though longer-term parenting arrangements are usually dealt with in separate family law processes.
Planning Around a Protection Order
Having a family violence protection order can be one part of a broader safety plan. It does not guarantee safety and cannot control how another person will behave, but it can create legal consequences if conditions are broken.
For additional information on safety options and supports across Canada, including crisis lines and local organizations, you can review resources listed at DV.Support.