SUPREME COURT OF NOVA SCOTIA
Citation: E.A.W. v. M.J.M., 2012 NSSC 216
Date: 20120608
Docket: Hfx No 393422
Registry: Halifax
Between:
E.A.W.
Applicant
v.
M.J.M.
Respondent
LIBRARY HEADING
Judge: The Honourable Associate Chief Justice Deborah K. Smith
Heard: June 5th, 2012, in Halifax, Nova Scotia
Oral Decision: June 8th, 2012
Written Decision: June 12th, 2012
Subject: Emergency Protection Order pursuant to the Domestic Violence Intervention Act.
Summary: On April 7th, 2012, there was a physical altercation between the Applicant and the Respondent. Both parties were charged with assault as a result of that incident. There was no evidence of any violence of any kind between the Applicant and the Respondent after that date.
On May 17th, 2012, the Applicant applied for an Emergency Protection Order. She was not seeking physical protection from the Respondent when she applied for the order. Rather, she was seeking contact with her infant son. Despite the fact that there was no need to ensure the immediate protection of the Applicant or her son, an Emergency Protection Order was granted. This Order was reviewed by Justice Simon J. MacDonald on May 23rd, 2012. That same day an Order was issued pursuant to s. 11(3) of the Domestic Violence Intervention Act ordering a hearing of the matter in Supreme Court.
Issue: Should the Emergency Protection Order issued on May 17th, 2012, be confirmed, varied or terminated?
Result: The Domestic Violence Intervention Act is designed to protect against domestic violence. It is not intended nor is it designed to provide a solution to custody or access problems except to the extent that a temporary care and custody order may be necessary to ensure the immediate protection of a victim or child. The Order issued by the JP was terminated.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.