Navigating Intimate Partner Violence: A Guide for Survivors

Public Legal Information Association of Newfoundland and Labrador (PLIAN)

PLIAN is an independent non-profit organization that provides general information and education about the law to all Newfoundlanders and Labradorians, with the intent of increasing access to justice.

PLIAN’s Family Law Form Builder allows you to complete many Family Law Court Applications and Forms online. This easy-to-use interface will guide you through the required form(s) you will need to file your Family Law Application and assist you with gathering the information required. Upon completion, you must print your forms and present them to the Court as required for your proceedings.

You can access the Family Law Form Builder at: https://publiclegalinfo.com/family-law-form-builder/

Contact PLIAN’s Legal Information Line:

Toll-free/VRS 1-888-660-7788

St. John’s office: 709-722-2643

Happy Valley-Goose Bay office: 709-896-5235

E-mail: info@publiclegalinfo.com

Legal Aid

Legal Aid is a program available to help people with serious legal problems who are in financial need and cannot afford private counsel. Legal Aid provides a range of legal services in the areas of family and criminal law.

Legal Aid usually covers family matters that include separation, divorce, and child custody and access. Legal Aid may also cover legal services for parents when Children, Seniors, and Social Development (CSSD) have submitted an application for custody.

Phone Toll-free: 1-800-563-9911

Email: nlac@legalaid.nl.ca

To apply for legal aid: https://www.legalaid.nl.ca/apply/

Family Justice Services

Family Justice Services (FJS) is a division of Supreme Court Family Division that assists families with resolving parenting time (what used to be custody and access) and/or child support issues.

If children are involved in your dispute you must go through mediation through FJS. This is a free program whereby a mediator will help both parties come to an agreement to resolve their dispute. If parties agree and file a consent order on parenting, then mediation will not be necessary. This will mean that what you agree to will become a court order.

Additional information, and how to apply, can be found here: https://www.court.nl.ca/supreme/family-division/family-justice-services/

Duty Counsel

Legal Aid provides the services of lawyers (Duty Counsel) in the Family Division of the Supreme Court of Newfoundland and Labrador in St. John’s to assist people appearing in Court but who do not already have a lawyer. Duty Counsel can give basic advice about legal matters that are before the court. Duty Counsel can appear on your behalf on simple matters before the court on the day of your court appearance.

Duty Counsel Client Services Officer can be reached at 753-4614

Intimate Partner Violence Intervention Court

The Intimate Partner Violence Intervention Court (IPVIC) is a specialty court located in St. John’s and Stephenville. At the time of publication the court was being expanded to Grand Falls-Windsor. This specialized court requires the offender to participate in intervention or programming regarding intimate partner or family violence, while focusing on improving victim safety and offender responsibility. To be eligible, the offender must be charged with an offence involving an intimate partner, over age 18, and must plead guilty and accept responsibility for the offence(s).

Additional information can be found here: https://court.nl.ca/provincial/courts/familyviolence/index.html

Child Protection

Under the Newfoundland and Labrador CHILDREN, YOUTH AND FAMILIES ACT, it is the law to report suspected abuse and/or neglect of children (under age 16) and youth (age 16 and 17).

A plain language definition of a child or youth in need of protection can be found here: https://www.gov.nl.ca/cssd/childprotection/report/#Newfoundland

The legal definition of a child or youth indeed of protection can be found here: https://www.assembly.nl.ca/legislation/sr/statutes/c12-3.htm#10_

To understand more about the child protection system in Newfoundland and Labrador, visit: https://www.gov.nl.ca/cssd/childprotection/

An Introduction to Child Protection in Newfoundland and Labrador by Public Legal Information Association of Newfoundland and Labrador is another helpful resource. It can be found here: https://publiclegalinfo.com/wp-content/uploads/2021/04/PLIAN-Child-Protection-Publication-2020-Final.pdf

To report a concern of suspected child abuse and/or neglect of a child (under age 16) and/or a youth (ages 16 & 17), call toll-free 1-833-552-2368.

If a child is in immediate danger, call 911 or your local police.

Reporting Intimate Partner Violence to the Police

The process of reporting IPV is usually similar at every police station. However, there may be some differences depending on where you live in Newfoundland and Labrador.

Depending on your location, you may need to report to the Royal Newfoundland Constabulary (RNC) or the Royal Canadian Mounted Police (RCMP). RNC are in the Northeast Avalon region, Corner Brook, Labrador City, Wabush, and Churchill Falls. The RCMP are responsible for all other areas of the province.

Things to Know

If the police have reasonable and probable grounds to believe that intimate partner violence has taken place, they will proceed with an arrest. Reasonable and probable grounds means that there is evidence of IPV. This can include physical evidence (such as injuries, marks), CCTV, property damage, witness statements. Police cannot lay charges of verbal abuse.

The police have a duty to investigate the matter if there is a risk to the survivor’s safety or public safety. Even if someone calls the police and changes their mind, the police will continue their investigation. In instances of IPV, if sufficient evidence exists to lay a charge, then police are obligated to lay a charge regardless of the survivor’s willingness to give evidence.

In St. John’s, the RNC has an Intimate Partner Violence Unit with specially trained police officers who can provide intervention, support, and referrals to survivors of IPV.

Call: 709-729-8093 or 709-729-8270 (general advice – this number is not monitored regularly)

Email: IPV@rnc.gov.nl.ca

The RCMP have a dedicated Intimate Partner Violence unit that provides guidance and oversight on intimate partner violence investigations.

Call: 729-5400 (general inquiries)

For additional information on reporting intimate partner violence to the police, please see our guide, Reporting Intimate Partner Violence to the Police: A Guide for Survivors.

Victim Services

Victim Services is a voluntary, free, and confidential program that supports victims of crime throughout the criminal justice process. Victim Services assists people who have experienced intimate partner violence, criminal harassment (stalking), threats, sexual assault, and other forms of violence.

Victim Services provide support to adults aged 16 and older whether or not the crime has been reported or a charge has been laid. Services are available to children, youth, or witnesses under age 16 when charges are laid. A caregiver or legal guardian must consent to services.

Victim Services can provide:

• General information about the criminal justice system.
• Information on your specific case.
• Safety planning.
• Court preparation.
• Assistance writing your victim impact statement.
• Referrals to other community organizations and agencies.
• Emotional support and short-term counselling as you prepare to go to court.

Victim Services Coordinators can not provide legal advice. When you call Victim Services to request information about your case, you will likely need to provide your police file number. If you do not have one, or do not know it, they may ask you for some identifying information, like the name of the offender(s).

For additional information, visit: https://www.gov.nl.ca/victimservices/

Telephone: 709-729-7970

Email: victimservices@gov.nl.ca

Emergency Protection Order

When a complainant fears for their safety, an Emergency Protection Order (EPO) may be issued. An EPO is an immediate and  emergency court order handed down by a judge in situations where IPV has occurred. EPOs are issued under the Family Violence Protection Act. Because of its emergency nature, the police can help you with an EPO application when possible. EPOs can be requested/granted 24-hours a day, 7 days a week. Applications can only be made with the victim’s consent. [4]

An EPO can allow police to remove the accused from the home, take away any firearms or weapons they have, give you temporary custody of the home and the children, and any other conditions the court thinks are necessary. EPOs can only be granted for a maximum of  90 days.

To be eligible to apply a person must:

•   Live or have lived with the respondent in a conjugal (i.e., married-like) relationship (regardless of marital status, includes same-sex couples), or;
•  Have one or more children with the respondent regardless of whether they have lived together.

Police may apply for an EPO by fax any time or in person at Provincial Court during regular Court hours. Police have access to the on-call judge any time.

Lawyers may apply for an EPO 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.

You can apply for an EPO yourself in person at Provincial Court during court hours. When you file in person you must swear to/affirm the information – this means you swear that the information you are providing is true.

Clare’s Law Application

The Interpersonal Violence Disclosure Protocol Act, Clare’s Law, authorizes police services to disclose certain information to individuals who may be at risk of intimate partner violence. Under this Act, the Royal Newfoundland Constabulary (RNC) and the Royal Canadian Mounted Police (RCMP) are authorized to provide relevant information (disclosure) about a current or former intimate partner.

Right to Ask: Apply online, or at your nearest police station. Application may be made by an individual or a support person on behalf of the person at risk.

Right to Know: A police officer who has received information that may affect the safety of an intimate partner, may inform them.

The disclosure that an applicant receives does not normally include specific details about the person of disclosure’s personal history or interactions with the justice system. Disclosure includes level of risk, contextual information, and, depending on level of risk, information related to convictions.

For additional information or to apply online, visit:

https://www.gov.nl.ca/clareslaw/

Peace Bond

Unlike an EPO, a peace bond can protect you from anyone that you believe will harm you, your child/ren, or your property. A peace bond is a court order under section 810 of the Criminal Code. It requires that someone “keep the peace” for a certain length of time and follow any other conditions of the peace bond. This might include conditions around how, when, or if they can contact you, if they are allowed in certain locations, or it may mean they are not allowed to have weapons, or some other condition.  A peace bond can be valid for up to 12 months, however they are not monitored by the police. Police only become involved after a peace bond is breached.

Requesting a ‘Hazard’ on a House

In certain situations, the police may place what is called a ‘hazard’ on a particular home or location. This option may be available in your area. A ‘hazard’ means that the location will be flagged in the police system. There are many instances where a hazard may be placed on a location. This could include if somebody tells the police that there are guns in a home, or that there has been intimate partner violence at the home, the police will have a record of this information in their system.

Requesting Extra Patrols

This option may be available in your area. The police may increase their presence through doing extra patrols in a certain area or areas if you fear for your safety. An ‘extra patrol file’ means an officer might take an extra drive by your place of work or your house. They may also park their car outside your house for a period of time.

Pet Safekeeping Program (St. John’s)

This program aims to provide emergency shelter for pets belonging to survivors of intimate partner violence. The program is a partnership between the RNC, Iris Kirby House, and the City of John’s (Humane Services).

Pet Fostering Program (Corner Brook)

This program aims to provide emergency shelter for pets belonging to survivors of intimate partner violence. The program is a partnership between the RNC, Willow House, the N-L West SPCA, Humber Valley Veterinary Clinic and the City of Corner Brook.