Because of its emergency nature, the EPO application is normally made by the police. This can happen on a 24-hour basis. Applications must be accompanied by sworn/affirmed documents and can only be made with the victim’s consent. To be eligible to apply:
- A person must live or have lived with the respondent in a conjugal relationship (regardless of marital status and including same-sex couples), or
- A person must have one or more children with the respondent regardless of whether they have lived together .
The Family Violence Protection Act designates the following groups or individuals as being able to make applications:
- Police may apply at Provincial Court by fax any time or by fax or in person during regular Court hours.
- Lawyers may apply at Provincial Court by fax or in person during regular Court hours.
- Direct applications/victims must apply in person at Provincial Court during regular Court hours.
How Long Will the Application Process Take?
Normally, the judge will decide if an EPO will be granted within 24 hours of receiving the application.