Victims of domestic violence in Nova Scotia can get an Emergency Protection Order (EPO) granting up to 30 days of exclusive home possession. For a permanent solution, married spouses can apply for an Exclusive Possession Order at the Supreme Court (Family Division).
Fleeing an abusive relationship is incredibly difficult, and worrying about where you will live only adds to the immense burden. In Nova Scotia, the law explicitly states that a victim of domestic violence should not be the one forced onto the street. The legal system provides mechanisms to remove an abusive partner from the family residence.
Whether your home is located in the Halifax Regional Municipality, Cape Breton, or a rural community, the courts can grant you “exclusive possession” of the property. 👤 This means your abusive partner is legally forced to leave the premises, and you are permitted to stay safely, even if the house title or the lease is solely in their name.
Step-by-Step Process in Nova Scotia
Securing your home involves interacting with the police or the family court system. The process varies slightly depending on whether you need immediate temporary protection or a long-term legal solution.
Step 1: Seek an Emergency Protection Order (EPO)
If you are in immediate danger, you can apply for an EPO 24 hours a day through a local police officer, Victim Services, or a lawyer under the Domestic Violence Intervention Act. 🚨 During the application, you must specifically request that the judge include a clause granting you exclusive possession of the home. If granted, this forces the abuser out immediately, usually for a period of up to 30 days.
Step 2: File for a Long-Term Order
Because an EPO is temporary, you will need a long-term solution. If you are legally married, you can apply for an Exclusive Possession Order under the Nova Scotia Matrimonial Property Act. This requires filing a Notice of Application and a detailed sworn affidavit at the Supreme Court of Nova Scotia (Family Division), outlining the history of abuse and why it is in your best interest (and the best interest of any children) to remain in the home.
Step 3: Serve the Documents Safely
Legal rules require that your ex-partner be properly notified of your Supreme Court application. 📮 Since contact is likely dangerous or restricted by an active EPO, you should hire a professional process server to deliver the court documents. Do not attempt to serve the documents yourself.
Step 4: Attend the Supreme Court Hearing
A family court judge will review your affidavit, the history of domestic violence, and the practical needs of any children involved. If the judge grants the order, your ex-partner will be legally barred from entering the property until a final court decision is made regarding the division of assets, spousal support, and decision-making responsibility.
How Much Does it Cost in Nova Scotia?
The cost of securing exclusive possession depends entirely on whether you are seeking a short-term EPO or a complex long-term court order.
- Emergency Protection Order (EPO): Applying for an EPO is completely free ($0 CAD).
- Supreme Court Filing Fees: Filing an application at the Supreme Court usually costs around $200 to $300 CAD, though fee waivers are available for low-income applicants.
- Lawyer Fees: Hiring a law firm for a Supreme Court application is an investment. Expect to pay between $2,000 and $5,000+ CAD to have a lawyer properly draft your affidavits and represent you in court.
| Legal Action | Estimated Cost (CAD) | Duration of Possession |
|---|---|---|
| Emergency Protection Order | $0 | Up to 30 Days |
| Supreme Court Application | $200+ (plus lawyer fees) | Months to Years (Until final settlement) |
How Long Does the Process Take?
In emergencies, relief is incredibly fast. ⏳ An Emergency Protection Order granting 30-day exclusive possession can be reviewed and granted by a designated justice of the peace within 24 hours. Conversely, obtaining a long-term order from the Supreme Court (Family Division) takes more time due to court scheduling, often taking 4 to 8 weeks before a preliminary hearing is held.
Frequently Asked Questions (FAQ)
Can I get exclusive possession if we are common-law?
Common-law couples can absolutely obtain an EPO for up to 30 days of exclusive possession under the Domestic Violence Intervention Act. However, long-term possession under the Matrimonial Property Act generally applies to married couples, though you may explore other legal claims through a lawyer.
What happens if my abuser returns to the house?
If an Exclusive Possession Order or EPO is active, their return is a criminal breach. You should call 911 immediately. They can face arrest and potential charges for a summary conviction or an indictable offence.
Do I have to pay the full mortgage if they leave?
Not necessarily. While you are living in the home, you can apply for spousal support or child support through the courts to ensure your ex-partner continues contributing to the household expenses and mortgage.
What if the house is only in their name?
The courts prioritize safety over property titles. A judge can still grant you exclusive possession of the home, forcing the legal owner to leave, to protect you from domestic violence.
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