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Emergency Protection Orders: A Guide for Survivors

Family Violence Protection Act

This resource provides information and answers some common questions about emergency protection orders.

If you are experiencing intimate partner violence and fear for your safety, or the safety of your child, there may be legal options available. A Legal Support Navigator is a staff member of The Journey Project who can assist people who have experienced sexual violence or intimate partner violence while they consider or navigate their legal options.

A Note on Language: Language is important. It holds a lot of power. You may identify with the word “survivor,” “victim,” both, or neither. The legal system may refer to you as a “victim,” “complainant,” or “witness,” even though you may not identify with any of these terms. This is the language used by the legal system and does not mean you or your reaction to the incident is being judged. In this guide, we use the term “survivor.” However, we know that not everyone who has experienced gender-based violence will identify this way.

If you would like to speak with a Legal Support Navigator (LSN), you can reach us through email, text, phone, or our social media pages. We are available Monday to Friday, 9:00am – 4:00pm.

TEL 1-709-722-2805
TOLL-FREE/VRS 1-833-722-2805
TEXT: 709-986-2801
EMAIL: support@journeyprojectnl.com

www.journeyproject.ca

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Introduction

Intimate partner violence (IPV) refers to multiple forms of harm caused by a current or former intimate partner – for example boyfriend, girlfriend, dating partner, common-law partner, spouse, sexual partner. Intimate partner violence can occur in private spaces, such as in the home, or public spaces such as at work. It can also take place online through technology, social media, or online apps.

Rates of reported intimate partner violence have steadily increased in Newfoundland and Labrador since 2019 [1]. The Family Violence Protection Act was passed in 2006 to provide immediate protection to victims of intimate partner violence, and their children. Under this legislation, an individual can apply for an Emergency Protection Order (EPO). EPOs are a court order granted by a Provincial Court Judge to prevent further harm to a person, their family, or property. To be granted, the judge must feel that family violence has occurred and the matter is urgent and immediate.

The Family Violence Protection Act uses the term ‘family violence’, however it is important to know that at time of publication (September 2024), an EPO can only be granted in situations where intimate partner violence has occurred. To be eligible, applicants must:

  • Currently live or have lived with the respondent in a conjugal (intimate partner) relationship. This includes 2SLGBTQIA+ relationships, people in polyamorous relationships, and people who have never been married but are or were in an intimate partner relationship.
    AND/OR
  • Have one or more children with the respondent, even if they have never lived together.

And have experienced family violence as defined by the Family Violence Protection Act. 

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What is an Emergency Protection Order?

An Emergency Protection Order (EPO) is a type of court order that can be granted by a Judge of the Provincial Court of Newfoundland and Labrador in response to an EPO application. Judges can issue an EPO in situations where family violence has occurred and where the situation is serious or urgent, meaning that there is a need to issue the order without delay to ensure the immediate protection of the person who applied for the EPO.

Key Terms/Definitions

The terms and language used in the legal system can be confusing and overwhelming for those who are unfamiliar with them. This can make it difficult or challenging to understand your rights and obligations. We have included a list of terms with a plain language definition to support you throughout this process.

Abandonment – A person who applies for an EPO may abandon or withdraw the application by either filing a ‘notice of abandonment’ with the court, or by failing to appear at a hearing. 

Applicant – The applicant is the person who is applying for an EPO.

Conjugal – A conjugal relationship means a current or former intimate/romantic relationship. This is inclusive of 2SLGBTQIA+ and polyamorous relationships.

Exclusive Occupation of Residence – If the applicant is granted exclusive occupation of the residence it means the respondent, the person who harmed you, is not permitted to reside at or enter the home. The residence includes a place where the applicant normally lives, even if the applicant had to leave for safety.

Respondent -The respondent is the person who the applicant names as committing an act or acts of family violence. If the EPO application is successful, the respondent will receive the EPO and have to follow the conditions included in the EPO. 

Review Hearing – a court process held if a respondent wishes to have an EPO removed or set aside (withdrawn). A respondent must apply for a review within 10 days of being told an EPO has been granted. A respondent must give proof for the review.

Set Aside – To set aside an order means to withdraw, cancel, revoke, or annul a decision of the court. A respondent may request to set aside an order if they disagree with the judgement or information that was provided to obtain the EPO. If an order is set aside it is no longer in effect, however the original order would still be maintained by the court’s filing system.

Terminating an Order – To terminate an order means to cancel, or end, the EPO. An application to terminate an order can be made at any time before the order expires. Once terminated, there is no legal effect or conditions in place.

Urgent – When deciding if an EPO will be granted, the Judge will take into account the immediate risk or seriousness of the situation. This requires proof that family violence has occurred or will continue to occur, and the court order is necessary to prevent further harm.

Variation Hearing – If either the applicant or respondent make a request to change or terminate the EPO after it has been granted, a variation hearing will be held.

How is Family Violence Defined?

The Family Violence Protection Act defines family violence as one or more of the following acts or omissions committed against an applicant or a child by a respondent:

(a)  an assault that consists of the intentional application of force that causes the applicant to fear for his or her safety but does not include an act committed in self-defence;

  • Physical abuse with the intent to harm someone is a type of family violence. This includes pushing, shoving, hitting, slapping, kicking, strangling, choking, stabbing, cutting, burning someone, shooting, throwing objects at someone, etc.
  • Using self-defence to protect yourself or your child is not considered family violence. 

(b)  an intentional, reckless or threatened act or omission that causes bodily harm or damage to property;

  • For example, if the respondent has injured or physically harmed the applicant, or damaged the applicant’s property. This includes if it was done on purpose, or if the respondent failed to do something to prevent injury or intervene, or if the respondent engaged in dangerous behaviour without regard for risk.
  • This might include instances where the respondent has slashed tires, broken doors, refused to bring the applicant for medical care after inflicting injury. 

(c)  an intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or damage to property;

  • The respondent has engaged in behaviour or actions that cause the applicant to fear for their safety, or fear that the respondent will destroy property. This includes behaviour that is done on purpose, or if the respondent fails to do something, or the respondent engages in dangerous behaviour without regard for risk or safety of the applicant or their child.
  • This might include dangerous driving with the applicant in the car for the purpose of causing fear.

(d)  forcible physical confinement without lawful authority;

  • Forcible confinement can include locking someone in a room, tying them up, threatening to hurt someone if they leave, or blocking someone from leaving.

(e)  sexual assault, sexual exploitation or sexual molestation, or the threat of sexual assault, sexual exploitation or sexual molestation;

  • Any form of sexual violence, or threat of sexual violence is included as a type of family violence. This includes sharing intimate images without consent, any sexual activity without consent, child sexual abuse, etc.

(f)  conduct that causes the applicant to reasonably fear for his or her safety, including following, contacting, communicating with, observing or recording a person;

  • This type of criminal harassment is commonly referred to as stalking. It may include technology-facilitated violence, which is harmful behaviour carried out through social media, texts, apps, gaming, etc.

(f.1)  conduct that causes psychological or emotional harm or a reasonable fear of that harm, including a pattern of behaviour the purpose of which is to undermine the psychological or emotional well-being of the applicant or a child;

  • Abuse is not always physical. It can include a pattern of coercive and controlling behaviour like name-calling, intimidation, isolation, making light of abuse, humiliation, etc. that can cause psychological or emotional harm. It may include behaviours like displaying guns in the home to create fear, repeatedly calling the applicant’s place of work, checking the applicant’s phone to keep tabs, exposing children to family violence, etc.

(f.2)  conduct that controls, exploits or limits the applicant’s access to financial resources for the purpose of ensuring the applicant’s financial dependency; and

  • This can include withholding the applicant’s bank card, sabotaging income, draining joint accounts if there is a separation, purposely building up debt in the applicant’s name, controlling when and how money is spent, checking receipts, etc.

(g)  the deprivation of food, clothing, medical attention, shelter, transportation or other necessaries of life.

(2)  Family violence may be found to have occurred for the purpose of this Act whether or not, in respect of an act or omission described in subsection (1), a charge has been laid or dismissed or withdrawn or a conviction has been or could be obtained.

  • Family violence can occur even when there have been no criminal actions, and if charges have never been laid. While some types of family violence are criminal in nature, the definition of family violence under the Act is broad and inclusive of behaviours and actions that are not included in the Criminal Code.

(3)  For the purpose of this Act, a respondent who encourages or solicits another person to do an act which, if done by the respondent, would constitute family violence against the applicant, is considered to have done that act personally.

  • For example, if the respondent gets a friend to harass the applicant, threaten the applicant, damage the applicant’s property or any of the previously mentioned behaviours with the intent to harm, scare, or intimidate the applicant, it is considered a form of family violence.

How to Apply for an EPO

Applicants have three options to pursue when submitting an application for an EPO:

  1. Through the Police.
    Police may apply for an EPO by fax any time or in person at Provincial Court during regular Court hours, with the applicant’s consent. Police have access to the on-call judge 24 hours a day, 7 days a week.

  2. In Person.
    Applicants can apply for an EPO in person at Provincial Court during court hours if they live in a region where there is a provincial court.

  3. Through a lawyer.
    If an applicant is represented by a lawyer, they may apply for an EPO on behalf of the applicant by fax or in person at Provincial Court during regular Court hours. Lawyers do not have access to the on-call judge and cannot fax applications after hours.

The application for an EPO is available online, in person at a Provincial Courthouse, and through the Police. When completing an application, there are two primary forms that must be submitted:

  • Form 002: Application for Emergency Protection Order, and
  • Form 003: Evidence In Support Of Application For A Protection Order

Application forms can be accompanied by an appendix with any additional information, photos or other relevant documents that support the information provided, if available.

Information on the application must be sworn to, or stated to be true. A judge or commissioner of oaths can have the applicant swear to the information.

Completing the Forms

This form is to be completed by the applicant, or by the police or a lawyer with the applicant’s permission.

At the top of the form you must clearly state your name (applicant) and date of birth and the name and date of birth of the person you are seeking the order against (respondent). 

  1. In this section you are required to include the names and date of birth of any children you share with the respondent who reside with you, or periodically reside with you. Children named on the order will be included on the EPO.
  2. If you have sought assistance from a lawyer for the purpose of this application, include their name, address, and telephone number.
  3. This section is completed if the application is being made by a lawyer or a police officer. By completing this section, you are providing consent for the EPO application to be submitted on your behalf.
  4. If you have received help completing this form, include the name of the person who helped you and their contact information. For example, a staff person at a transition house, Women’s Centre, or another community organization.

Sign and date the application. You must include an address and phone number so the police can contact you and give you any necessary information or updates. If an EPO is granted, this form will be given to the respondent. You do not need to put your actual address or phone number if you have concerns for your safety. For example, you can use a family member or trusted person’s contact information where you can be contacted. You must also include the respondents address and phone number so the police can serve them the order. If you do not know their current address, you can put the last known address.

What conditions can be included in an EPO?

You can find the list of potential conditions on Application for Emergency Protection Order – Appendix “A”. Check off the conditions you would like the court to consider. The conditions include:

  • Exclusive occupation of the home
  • Removal of respondent from the home by the police
  • Police may go with the applicant or respondent while personal belongings are removed from the home
  • No contact (either directly or indirectly) with the applicant
  • The respondent shall remain away from locations that are attended regularly by the applicant and/or children.
    • This can include a residence, place of work, property, school, or an activity the child attends like swimming or afterschool program.
  • Temporary ownership or control of personal property for applicant (e.g. car, medical cards, immigration documents, pets, children’s passports)
  • The respondent shall not take, damage or destroy property that the applicant has interest in (e.g. second home, trailer, furniture). This can also include joint bank accounts or other household accounts.
  • The respondent shall refrain from committing any further acts of family violence.
  • Police seizure of respondent’s guns or weapons.
  • The respondent is to make mortgage or rent payments.
  • The respondent will not cut off basic services to the residence like utilities (heat, light, water, gas, sewer, etc.).
  • Temporary care and custody of children to the applicant or another person.
  • Any other conditions the court considers necessary to protect the applicant, their children, and/or their property.

This form is a sworn document. This means by completing and signing the document you are promising or swearing that the information included is the truth. You must only provide information that relates to the respondent’s acts of family violence against you and/or your children.

At the top of the form you must clearly state your name (applicant) and date of birth and the name and date of birth of the person you are seeking the order against (respondent). This is followed by your sworn statement where you will provide your name, city or town, and province where you live.

  1. This question is to determine that you meet the eligibility requirements for an EPO. Check off any and all boxes that apply to your relationship with the respondent.
  2. Recent family violence.
    1. This question asks you to describe the most recent time you or your child(ren) have experienced family violence from the Respondent.  This is asking you to describe the last violent act or incident by the respondent that has prompted you to seek an EPO. Include as much detail as possible, including what type of family violence occurred, any behaviour that made you feel unsafe, if threats were made, if you required medical attention or sustained injuries, etc.
    2. The date the most recent event described in 2a occurred.
    3. Where it happened (e.g. in the house, in the car, at work, etc).
  3. If a weapon was used, describe the type of weapon (e.g.. knife, glass, gun, etc.).
  4. If you have concerns about the respondent’s access to guns, tell the court. For example, if the respondent has threatened you with a gun, or displays them to create fear, it should be noted.
  5. Provide details of past instances of family violence by the respondent, including when and where they happened. This includes patterns of behaviour that are coercive and controlling and that may not include physical violence.
  6. Name all children who witnessed family violence.
  7. If the police have ever been called in relation to family violence caused by the respondent, include dates, if charges were laid, and the outcome of charges. This includes if the charges were withdrawn, if the respondent was found not guilty, or if they were convicted and sentenced.
  8. If you have had to seek medical care due to family violence, provide detail of the injuries, when the injuries occurred, and if there were any emotional injuries (e.g. anxiety, depression, PTSD, etc.) that needed medical care.
  9. This question is to determine the urgency of the situation. 
    1. The reason you believe the violence will continue or start again. For example, if violence occurs in a pattern, is triggered by certain events, or the respondent has made a threat of violence.
    2. The reason you fear for your and/or your children’s safety. 
    3. The reason you need protection urgently. For example, the violence has escalated in severity or frequency, there is a recent separation or pending separation, there have been significant life changes in the respondent’s life, etc.
  10. The maximum length of an EPO is 90 days. Include here if you are seeking the maximum, and if so, why.
  11. If you have ever applied for an EPO, indicate if it was granted. If there was a hearing, indicate the outcome.
  12. List all court matters and orders involving you, your children, and the respondent, including any separation agreement in place. This includes family court orders, child protection orders, and criminal court orders (e.g.. undertaking, release order, probation order, etc.).
  13. If a lawyer is representing you with respect to a family matter (e.g. parenting time, access, support), state the lawyer’s name.
  14. To request that the children listed in Section 1 of Form 002 – Application for EPO be placed in your care and custody, or the care and custody of someone else, check the appropriate box.

What Happens Next?

After the application has been submitted to be reviewed by a Judge, there is typically a response within hours. However, it can take up to 24 hours to receive a decision whether the application has been granted or denied. Only a Provincial Court Judge has the authority to grant or deny an EPO application. 

Serving the order

If an EPO is granted, the conditions of the order come into effect immediately. However, the respondent is not required to follow the EPO until they have been notified about it. This means that the respondent does not have to comply with the conditions of the EPO until they have been served the document or notified. The police have 48 hours to inform the respondent and serve them a copy of the EPO. If the police cannot and are unable to contact the respondent within 48 hours, they can return to Provincial Court to ask the Judge for permission to notify the respondent about the EPO in a different way. 

When there are other court orders in place

An EPO takes precedence over any orders about child custody or access, including those made under the Divorce Act or Part III of the Children’s Law Act. It also takes precedence over any existing agreements made under Part IV of the Family Law Act regarding child custody or access. This means you have to do what the protection order says, even if it says something different from any other court orders you have. An EPO may award temporary care and custody of the children to the applicant, even if there are parenting orders in place through Family Court. The parenting order essentially goes on hold until the EPO ends.

However, an EPO does not take precedence over existing orders under the Children, Youth and Families Act if those orders place a child in the care of someone other than the parent from whom the child was removed, including a Manager with CSSD (sometimes referred to as Child Protection). Additionally, the court is required to make a referral to child protection if children are on an EPO application.

It also does not take precedence over existing orders under the Adult Protection Act, 2021 if those orders place an adult in the care of another person.

Additional Information

An EPO is not a criminal charge and will not appear on a criminal record. However, if an EPO application suggests that a crime has taken place, the matter may be investigated by the police. Criminal offences related to intimate partner violence may include mischief, uttering threats, breaches of court orders, assault, choking, criminal harassment, forcible confinement, and abduction. If there are reasonable grounds to establish that one or more of these offences occurred, the police can make an arrest.

If someone does not follow the conditions in an EPO they can be charged with breaching a court order, which is a criminal offence. If found guilty they may face a fine and/or jail time.

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Hearings to Vary or Terminate an EPO

The respondent, meaning the person who has received an EPO against them, has the right to ask a Judge to set aside, vary (change), or terminate the EPO.

Within 10 days of receiving an EPO or being notified about the EPO, a respondent can apply to Provincial Court to set the EPO aside. The respondent can also ask the Judge for a longer period of time to apply to set the EPO aside. 

As well, any time after the respondent has been notified of the EPO, the applicant or the respondent can apply to Provincial Court to either:

  • Vary (or change) all or part of the EPO (including the length of the EPO or conditions included in the EPO)
    • An EPO cannot be extended beyond 90 days, however either the applicant or the respondent can apply to vary the duration of the order if it falls within the 90 day timeframe (i.e. you have been granted a 30 day order and request to change it to a 60 day order).
  • Add new conditions to the EPO
  • Terminate (or cancel) part of the EPO
  • Terminate (or cancel) all of the EPO

When an application is received to set aside, vary, or terminate an EPO, a hearing will be scheduled in Provincial Court. Both the applicant and the respondent have the right to present evidence to the Judge and make arguments about why the EPO should or should not be set aside, varied, or terminated.

While the application is being considered and a hearing scheduled, the EPO remains in effect and the respondent must abide by the conditions.

When considering whether or not to change or cancel the EPO, the Judge must consider whether there has been a “material change in circumstances” since the EPO was made. This means that there has been a significant change to the situation or circumstances that led to the EPO being granted .

A hearing to set aside, vary, or terminate an EPO is held in the same court centre where the EPO was made, unless the Court orders it to be held elsewhere. Similar to a criminal trial, both the applicant and respondent can have the opportunity to subpoena witnesses, ask questions, and present evidence at the hearing.

Evidence as part of a hearing can be presented:

  • By a statement made under oath or solemn affirmation
  • Through a statement of facts made in writing, if both parties agree
  • By a witness, if the Judge gives permission to call a witness for the hearing

As well, the Judge can also consider the evidence presented for the original EPO application.

If the applicant or the respondent does not appear in Court for the hearing, the Judge can decide to proceed with the hearing despite that person’s absence. 

Is Legal Representation Available?

It is possible, but not guaranteed, that legal support may be available for an applicant during a hearing to set aside, vary, or terminate an EPO. The applicant or the respondent has the right to hire a lawyer to represent them in the hearing. In very rare cases, Legal Aid may be able to represent an applicant, especially if Legal Aid is already representing that person for a different matter (like a Family Law case). 

Where Can I Find Help?

If you think an Emergency Protection Order may apply to your situation, or if you have ever experienced any form of intimate partner violence or sexual violence, there are resources available:

Police
RCMP: https://www.rcmp-grc.gc.ca/detach/en/find/NL
RNC: https://www.rnc.gov.nl.ca/contact-directory/

Provincial Court

For provincial court locations and contact information, visit:
https://www.court.nl.ca/provincial/about/locations/

Transition Home/Shelter

To contact a shelter near you, visit:
https://thanl.org/shelters/find-shelter/

Domestic Violence HelpLine
1-888-709-7090

Status of Women Centre (Women’s Centre)
To contact a Status of Women Centre in your region, visit:
https://www.gov.nl.ca/exec/wge/regionalstatus/

Family Resource Centre

To contact a Family Resource Centre or satellite centre in your region, visit:
https://childcare.gov.nl.ca/public/ccr/centres

Victim Services
To contact a Victim Services office near you, visit: https://www.gov.nl.ca/victimservices/victim-services-offices/

Victim Services may be able to offer support in certain situations, particularly if the applicant is already receiving services from Victim Services related to family violence.

Journey Project

If you are currently in Newfoundland and Labrador or if you experienced intimate partner violence or sexual violence in Newfoundland and Labrador, you can contact the Journey Project for information, navigation, support, and access to free legal advice. The Journey Project is not an emergency service. 

To learn more about  the Journey Project visit www.journeyproject.ca 

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Frequently Asked Questions

No. A judge can decide that family violence has taken place without a hearing. However, if the Judge needs additional information to make their decision, they may ask the police to get more information, ask the applicant questions over the phone, or require the applicant to testify in court.

No, the Judge doesn’t give a specific reason why, however it is likely the situation did not meet the definition of family violence and/or was not deemed to require immediate protection. Both these factors need to be present.

This rarely happens, however it is possible. In very rare  situations the Judge may ask the police to tell the respondent the application has been made, before the judge makes a decision about the EPO.

In most cases, EPOs are granted for a few weeks to respond to  the most recent incident of violence and immediate safety issues. This is to allow enough time for the applicant to file family court papers if needed or take any other necessary steps for ongoing protection. 

The judge will fax a copy of the EPO to the police detachment closest to the last known address of the respondent. The police will then serve the respondent with the order.

EPOs are heard separately from family court matters. If either parent wants to change (vary) the EPO so that the other parent can access or communicate with the children, an application for a variance must be made. Issues around access, mediation, and any other communication issues between the parents will be decided in family court, not at the EPO hearing. 

Anyone who has experienced, seen, or heard the violence, or who has seen the effects of the abuse can be called as a witness. This might include the assisting police officer or lawyer, friends or family, anyone you sought medical care or treatment from in relation to family violence, a social worker or teacher who can speak to the family violence, etc.

It is possible that the applicant and/or the respondent at an EPO hearing may be able to appear at the hearing by video. A person seeking to appear at an EPO hearing by video will need to make an application to Provincial Court in advance of the hearing asking for permission to appear by video. To find out more, the applicant should contact the Provincial Court where the EPO hearing will be held to ask about submitting an application to appear by video at the hearing.

No, the applicant and the respondent are each responsible for any costs associated with travel for hearings.

Under the Family Violence Protection Act, the respondent has the right to be heard and the right to examine and cross-examine witnesses. This means it is their right to ask their own witnesses questions, and ask the applicant’s witnesses questions. Unfortunately, this sometimes means that the hearing will take place after an EPO has expired.

 No, Peace Bonds are another type of court order that can be made by Provincial Court Judges. Peace Bonds may also be referred to as “recognizances” and are made under s. 810 of the Criminal Code. A person can apply for a peace bond if they believe that another person may injure them or a member of their family, or that the person may cause damage to their property. A peace bond can be issued for up to 12 months. Unlike an EPO, a peace bond first requires that the respondent appear in front of a Judge at Provincial Court. If the respondent does not agree to sign the peace bond, then a hearing in Provincial Court must be heard, where both the applicant and respondent can present evidence. After the hearing, the Judge can decide whether or not to grant the peace bond. The Judge can also decide which conditions to include in the peace bond.

In Newfoundland and Labrador, there is no such thing as a “restraining order” but sometimes people use this term when referring to EPOs or peace bonds.Restraining orders are court orders that are similar to EPOs, but typically used in the United States and in some other provinces in Canada.

Not necessarily. A “no contact order” could be included in an EPO. However, no contact conditions may also be included in a police undertaking, promise to appear, judicial interim release document (i.e. bail conditions), or probation order. A person accused of a criminal offence may be subject to conditions similar to those in an EPO before they go to trial as part of an undertaking, promise to appear document, or a judicial interim release document following a bail hearing. A person found guilty of a criminal offence may also have to follow a probation order as part of their sentence, which often includes conditions like not having contact with a certain person. While these conditions may be similar to EPO conditions, they are part of a separate process that involves criminal charges. The EPO itself is not a criminal charge, although a person could be charged with a crime for breaking the conditions of the EPO. This is called a breach of the Family Violence Prevention Act.

Yes. Anyone who is experiencing family violence can apply for an EPO, regardless of immigration status.

The Journey Project exists to strengthen justice supports for survivors of sexual violence and intimate partner violence.

The Journey Project was founded in 2017 as a collaborative initiative of Public Legal Information Association of NL and End Sexual Violence NL.

Journey supports survivors of any age and any gender and is provincial in scope. This means people living anywhere in Newfoundland and Labrador can access our services. It also means that anyone who has experienced sexual violence and/or intimate partner violence in Newfoundland and Labrador can access our services – even if they are living in another province, or another country.

The Journey Project team is grateful to every survivor who has informed this project and our work.

www.journeyproject.ca