E.M.G. v. G.R.W.

E.M.G. v. G.R.W.

Although the court found past domestic violence by Mr. W., the facts as of November 7, 2007 did not demonstrate the immediacy or risk required to make an emergency protection order forthwith; therefore the EPO was improperly issued and must be terminated.

Citation
2007 NSSC 356
Parties
Respondent/applicant: E.M.G.; Applicant/respondent: G.R.W.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 December 2007
Procedural Posture
Domestic Violence Intervention Act Application / S.12(1) Review Hearing of Emergency Protection Order
Outcome
Emergency Protection Order terminated
Legal Topics
Emergency Protection Order, Domestic Violence Intervention Act, Standard of Proof (balance of Probabilities), Custody Concerns
Source Language
English
Family Law Domestic Violence Civil Procedure Administrative Law Emergency Protection Order Domestic Violence Intervention Act Standard of Proof (balance of Probabilities) Custody Concerns

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Parties

E.M.G.

Respondent/applicant

G.R.W.

Applicant/respondent

Procedural Posture

Domestic Violence Intervention Act Application / S.12(1) Review Hearing of Emergency Protection Order

Legal Issues

  1. 1 Whether domestic violence had occurred
  2. 2 Whether an Emergency Protection Order should have been made forthwith under s.6(1) of the Domestic Violence Intervention Act
  3. 3 Whether facts at time of application showed immediate risk justifying emergency intervention

Ratio Decidendi

Although the court found past domestic violence by Mr. W., the facts as of November 7, 2007 did not demonstrate the immediacy or risk required to make an emergency protection order forthwith; therefore the EPO was improperly issued and must be terminated.

Court Disposition

Emergency Protection Order terminated

Orders

  • Emergency Protection Order issued November 7, 2007 is terminated.