Yes, under the Family Violence Protection Act in Newfoundland and Labrador, you can obtain an Emergency Protection Order (EPO) against a common-law partner. You qualify if you have lived together in a conjugal relationship or share a child, and the application is completely free of charge.
Experiencing domestic violence is incredibly frightening, and finding a way out can feel overwhelming. If you are not legally married, you might wonder if the law still protects you and your home. In Canada, the justice system recognizes that family violence occurs in all types of relationships, regardless of a formal marriage certificate.
📍 In Newfoundland and Labrador, the provincial laws are specifically designed to offer immediate, short-term protection to victims. This guide will explain how you can get an EPO against a common-law partner, what the order covers, and how the local justice system works to keep you safe from harm.
Step-by-Step Process for an EPO Against a Common-Law Partner in Newfoundland and Labrador
Whether you are located in St. John’s, Mount Pearl, or Corner Brook, the process for securing an EPO is standardized across the province. The goal is to provide immediate safety without requiring a lengthy and stressful court trial up front.
Step 1: Determining Your Eligibility
To apply under the provincial Family Violence Protection Act, you must have a specific relationship with the abusive person. The law covers individuals who have lived together in a conjugal (romantic) relationship, commonly known as a common-law partner. You are also eligible if you share a child with the person, even if you never officially lived together. The violence can include physical assault, forced confinement, or threats that make you reasonably fear for your safety.
Step 2: Making the Urgent Application
📱 You do not need a lawyer to apply for an EPO. You can apply 24 hours a day, 7 days a week. You can contact your local Royal Newfoundland Constabulary (RNC) or RCMP detachment, or reach out to provincial Victim Services. A police officer or Victim Services worker will assist you in filling out the necessary forms and will present your application to a Provincial Court judge or justice of the peace, usually over the phone or via teleconference.
Step 3: Supreme Court Review
If the judge grants the EPO, it takes effect immediately upon the abuser being notified (served) by the police. However, an EPO is a temporary emergency measure. By law, the order must be forwarded to the Supreme Court of Newfoundland and Labrador (Family Division) within a few days. A Supreme Court judge will review the file to decide whether to confirm the order, change its conditions, or schedule a formal hearing where both parties can speak.
| Feature | Emergency Protection Order (EPO) | Peace Bond (Criminal Code) |
|---|---|---|
| Relationship Required | Common-law, married, or share a child | Any relationship (dating, neighbours, etc.) |
| Speed of Process | Immediate (within hours) | Weeks to months |
| Can Evict Abuser? | Yes, grants exclusive use of the home | No, usually just a “no contact” rule |
How Much Does it Cost in Newfoundland and Labrador?
💰 Your safety should never depend on your financial situation. The province has structured this process to be highly accessible for everyone fleeing abuse.
- EPO Application Fee: It is completely free to apply for an Emergency Protection Order. Police and Victim Services do not charge for their assistance.
- Service Costs: Serving the legal documents to your common-law partner is typically handled by the local police at no cost to you.
- Lawyer Fees: If the Supreme Court orders a full hearing, you may want to hire a local law firm. Private family lawyers usually charge between $250 and $400 CAD per hour. However, you may qualify for Legal Aid, which prioritizes domestic violence cases.
How Long Does the Process Take?
An EPO is designed for true emergencies. Once you contact the police or Victim Services, the application can be heard by a judge within a few hours, day or night. If granted, the temporary order is usually valid for up to 90 days. The mandatory review by the Supreme Court generally happens within 3 to 7 business days after the initial EPO is issued.
Frequently Asked Questions (FAQ)
Can the EPO force my common-law partner to leave our rented apartment?
Yes. Even if their name is the only one on the lease, an EPO can grant you exclusive occupation of the shared residence, forcing the abusive partner to leave immediately and hand over the keys.
Does the EPO cover my children as well?
Yes, the judge can include your children in the protection order, temporarily suspending the abusive partner’s parenting time and prohibiting them from coming near the child’s school or daycare.
What happens if my ex breaks the rules of the EPO?
Breaching an Emergency Protection Order is a serious matter and can be treated as an indictable offence or a summary conviction. You should call 911 immediately. The police have the power to arrest the person without a warrant for defying the order.
Do I need physical bruises to get an EPO?
No. Family violence is not just physical. It includes intentional damage to your property, threats to harm you or your pets, and severe psychological abuse that makes you genuinely fear for your safety.
What if we only dated and never lived together?
If you did not live together and do not share a child, you do not qualify for an EPO under the provincial Family Violence Protection Act. However, you can still apply for a Peace Bond under the federal Criminal Code.
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