SNL2005 CHAPTER F-3.1
FAMILY VIOLENCE PROTECTION ACT
Amended:
2006 c40 s7; 2009 c16 s9; 2012 c9;
2013 cA-3.1 s86
CHAPTER F-3.1
AN ACT RESPECTING PROTECTION AGAINST FAMILY VIOLENCE
(Assented to December 13, 2005 )
Analysis
1. Short title
2. Definitions
2.1 Authority of judge
3. Family violence defined
4. Application process
5. Granting of emergency protection order without notice to another person
6. Contents of emergency protection order
7. Duration of emergency protection order
8. Respondent to have notice
9. Right to review
10. Application to set aside
11. Powers of judge on hearing to set aside
12. Application to vary or terminate
12.1 Appeal
13. Effect of emergency protection order
14. Effect on property and leasehold interest
15. Order directs police officer
16. Confidentiality
17. Protection from personal liability
18. Penalties
19. Duty to report continued
20. Regulations
21. Commencement
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
Short title
1. This Act may be cited as the Family Violence Protection Act .
2005 cF-3.1 s1
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Definitions
2. In this Act
(a) "applicant" means a person referred to in subsection 4(1)
(i) who applies for an emergency protection order,
(ii) on whose behalf an application is made for an emergency protection order, or
(iii) who is granted an emergency protection order;
(b) "child" means a child born within or outside marriage who ordinarily or periodically resides with the applicant and is under the age of 19 years and unmarried and includes
(i) a child adopted under the Adoption Act, 2013 ,
(ii) a child whom the applicant has demonstrated a settled intention to treat as a child of his or her family, and
(iii) a child in the actual care and custody of the applicant;
(c) "clerk" includes a clerk acting under the Criminal Code and the Youth Criminal Justice Act (Canada ) and a person who performs the duties of a clerk of the court;
(d) "court", except as otherwise provided, means the Provincial Court of Newfoundland and Labrador ;
(e) "emergency protection order" means an order granted under section 5;
(f) "family violence" means an act or omission described in subsection 3(1);
(g) "judge", except as otherwise provided, means a Provincial Court judge appointed under the Provincial Court Act, 1991 and includes the chief judge;
(h) "minister" means the minister appointed under the Executive Council Act to administer this Act;
(i) "police officer" means
(i) a member of the Royal Newfoundland Constabulary, and
(ii) a member of the Royal Canadian Mounted Police Force stationed in the province;
(j) "property" means an interest, present or future, vested or contingent, in real or personal property, including companion animals, and includes property that
(i) a person owns, or
(ii) a person does not own but
(A) uses or enjoys,
(B) is available for the person's use or enjoyment,
(C) is in the person's care or custody, or
(D) is at the person's residence;
(k) "residence" means a place where the applicant normally resides and includes a residence that the applicant has vacated due to family violence;
(l) "respondent" means a person against whom an emergency protection order is sought or granted under this Act;
(m) "rules of court" means the rules made under section 29.1 of the Provincial Court Act, 1991 ; and
(n) "weapon" has the meaning assigned to it under section 2 of the Criminal Code and includes an explosive substance.
2005 cF-3.1 s2; 2012 c9 s1; 2013 cA-3.1 s86
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Authority of judge
2.1 Notwithstanding sections 43.7 and 43.9 of the Judicature Act , an application under this Act shall be made to and heard and determined by a judge in accordance with this Act and the regulations.
2009 c16 s9
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Family violence defined
3. (1) For the purpose of this Act, "family violence" means 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;
(b) an intentional, reckless or threatened act or omission that causes bodily harm or damage to property;
(c) an intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or damage to property;
(d) forcible physical confinement without lawful authority;
(e) sexual assault, sexual exploitation or sexual molestation, or the threat of sexual assault, sexual exploitation or sexual molestation;
(f) conduct that causes the applicant to reasonably fear for his or her safety, including following, contacting, communicating with, observing or recording a person; and
(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.
(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.
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