Can a Queen's Bench judge make a different kind of order than a judge or justice making an emergency protection order?

Yes. The Queen's Bench judge can cover every issue that an emergency protection order does and also make further orders. Under the Protection Against Family Violence Act, a Queen's Bench judge can

• forbid someone from attending certain places where the claimant or other family members often are, such as home, work, school.
• forbid someone from contacting you or associating in any way and from subjecting you to family violence.
• give you and other family members the right to remain in a house for a certain period when the respondent is ordered out, even if the home is jointly owned or leased by you and the respondent, or owned or leased by just one of you.
• order that someone pay you back for financial losses suffered by you and any child of yours or in your custody because of the family violence. These losses can include loss of earnings or support, medical and dental expenses, expenses because of injuries sustained, moving, accommodation and legal expenses, and the cost of an application under the Protection Against Family Violence Act.
• grant either of you temporary possession of certain personal property, such as keys, children's clothing, cheque book, bank cards, medical insurance cards.
• prevent either of you from taking, selling, or damaging property that the other one might have an interest in, for example, a car.
• forbid someone from communicating with you, other family members, your employer, your employees, co-workers, or anyone else in any way that is likely to annoy you or cause alarm. The person can also be ordered not to communicate with you via someone else.
• direct that a peace officer remove someone from the home within a certain period of time.
• direct that a peace officer accompany you to the home to pick up personal belongings.
• require a respondent to post a bond to secure compliance with the order.
• require that the person who abused you receive counselling.
• authorize counselling for a child in the care and custody of a family member without your agreement.
• direct that the weapons used or threatened to be used to commit family violence be seized and stored.

It is also useful to request that the judge add to the order that the police have the power to arrest the respondent if he or she breaches the order.

The order can be in force for up to one year.

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WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.