In Prince Edward Island, you can obtain an Emergency Protection Order (EPO) within 24 hours, and often on the exact same day. This is an “ex parte” process, meaning the abuser is not notified before the order is made, and applying is entirely free of charge.
When you are facing domestic violence, waiting weeks for a court date is not an option. 📍 The law in Prince Edward Island recognizes that your immediate safety is the highest priority. If you or your children are in danger, the province provides a fast-tracked legal tool called an Emergency Protection Order (EPO) under the Victims of Family Violence Act to ensure you are protected right away.
An EPO is usually granted “ex parte.” This Latin legal term simply means that the justice system will hear your side of the story and grant the order without the abusive partner being present or even knowing about it beforehand. Navigating this stressful situation is difficult, but understanding how quickly the system can act will empower you to take the first step.
Step-by-Step Process in Prince Edward Island
Whether you are located in Charlottetown, Summerside, or rural PEI, the process for securing an ex parte EPO is designed to be highly accessible 24 hours a day, 7 days a week. 📄 Here is how the emergency process typically unfolds.
Step 1: Contacting Police or Victim Services
Your first step is to reach out to a designated person who can apply on your behalf. In PEI, you cannot apply for an EPO entirely on your own. You must contact the local police (like the Charlottetown Police or RCMP), Victim Services, or a transition house worker. They will assess your immediate safety and help you start the application.
Step 2: Submitting the Application to a Justice of the Peace
The designated worker or police officer will immediately contact a Justice of the Peace. ✍ Because this is an emergency, it can be done over the phone or by fax at any time of day or night. The officer will present the facts of your situation, outlining the history of family violence and why an urgent order is required to protect you or your children.
Step 3: The Ex Parte Decision
The Justice of the Peace will review the information immediately. If they agree that family violence has occurred and that the situation is urgent, they will issue the Emergency Protection Order right then and there. The order can include conditions that force the abuser to leave the family home and prohibit them from contacting you.
Step 4: Police Serve the Order
Once the EPO is granted, it is technically not enforceable until the abusive partner knows about it. 👮 Local police will take the order and personally serve it to the respondent. From the exact moment the police hand them the document, the order is legally active, and any violation is a criminal offence.
How Much Does it Cost in Prince Edward Island?
Finances should never be a barrier to securing your physical safety. The province ensures that getting emergency protection is accessible to everyone.
- Application Fees: There are no court fees or administrative costs to apply for an Emergency Protection Order in PEI. It is 100% free.
- Police and Victim Services: The assistance provided by the RCMP, local police, and Victim Services is also free of charge.
- Lawyer Fees: While you do not need a lawyer to get an EPO, you will likely need one later to handle ongoing family law matters like parenting time or spousal support. Family lawyers in PEI generally charge between $200 and $450 CAD per hour.
How Long Does the Process Take?
Because an EPO addresses immediate danger, the timeline is measured in hours, not weeks. ⏳ Here is what you can expect:
| Stage of the Process | Estimated Timeline |
|---|---|
| Contacting Police / Victim Services | Immediate |
| Justice of the Peace Decision | Within a few hours (often under 24 hours) |
| Police Serving the Respondent | As soon as the respondent can be located |
| Automatic Supreme Court Review | Within 5 working days after the order is made |
Frequently Asked Questions (FAQ)
What exactly is an “ex parte” order?
An ex parte order is a temporary court order granted without notifying the other party. It is used in extreme emergencies to prevent a partner from retaliating or causing harm before the legal protections are officially put in place.
Can the order kick my ex-partner out of our home?
Yes. Under the Victims of Family Violence Act in PEI, an EPO can grant you exclusive occupation of the primary residence for a temporary period, regardless of whose name is on the lease or the mortgage.
Does an EPO decide permanent parenting time?
No. An EPO is strictly a temporary safety measure. It may include temporary provisions preventing the abuser from seeing the children, but permanent decision-making responsibility and parenting time must be resolved later through a formal family law application.
What happens after the ex parte order is granted?
Within 5 working days, a judge at the Supreme Court of Prince Edward Island must automatically review the EPO. The judge will look at the evidence and decide whether to confirm the order, change its conditions, or cancel it entirely.
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