Department of Justice

Victim Services

Protective Orders

If you have been assaulted or you feel you are in danger, the Victim Services Branch can help you apply for one of these court orders:

It is important to remember that a court order cannot guarantee your safety. You are encouraged to talk abut any safety concerns with Victim Services, the RCMP or other trusted support people.

No contact order

No contact orders can be issued for any crime where there is a victim or witness involved.

A no contact order prevents the accused from contacting specific people, such as the victim, witnesses, or even a co-accused. A no contact order is always put in place for a domestic violence situation.

The police might include a no contact order as a condition of an accused’s promise to appear in court. A no contact order might be included on a bail order or as a condition of probation

It can also be a condition of a Peace bond or Emergency Intervention Order.

Only a court can remove a no contact order. However, a no contact order can sometimes be varied. Contact Victim Services to find out more.

If someone has a no contact order as part of their arrest or bail, that order will remain at least until the accused’s first appearance in court.

Peace Bond

A peace bond is a criminal court order that is meant to keep one person from harming another.

Anyone can ask for a peace bond against someone if you are afraid that person will harm you, your family or your property. A crime may have already been committed or you might fear that a crime will be committed.

A peace bond usually specifies that the person you are concerned about can have no direct or indirect contact with you.

Peace bonds can last for up to a year. It is a crime if someone violates the peace bond. Police take them seriously.

To get a Peace Bond

To apply for a peace bond, you need to contact the RCMP to make a statement. Victim Services can help you at each step.

You will then have to appear in front of a Justice of the Peace to swear by your statement. The Justice of the Peace will decide whether or not to grant a hearing for your application.

If you are granted a hearing, you will have to testify. The person you have named in the peace bond will have a chance to ask you questions in the hearing.

For more information, please read Obtaining a Peace Bond in Whitehorse .

Emergency Intervention Order (EIO)

An Emergency Intervention Order is usually used to deal with people you are living with or dating. An EIO can allow you and your children to stay in your own home (if it is safe). The abusive person can be removed under this order.

The EIO will prevent the abusive person from contacting you, your family and anyone else listed in the order.

It is a short-term order that provides immediate help. It lasts for an average of 45 days.

The RCMP or a Victim Services Worker can apply for an EIO. It is issued by a Justice of the Peace.

A Victim’s Assistance Order (VAO)

This type of order is seldom used and only for victims of domestic violence. This order can give victims temporary possession of personal property and prevent an abusive person from taking or damaging it.

The VAO can also require the abusive person to pay you or your children for any loss of income, medical expenses, moving and legal expenses. 

This order lasts an average of 90 days.

It can only be issued by a Territorial Court Judge and you will have to attend a court hearing to get it. The RCMP or Victim Services have VAO kits.

Restraining Order

Restraining Orders are used for civil matters, not criminal ones. They are usually used in the case of family law matters such as divorce, separation or custody. 

For more information on restraining orders contact the Family Law Information Centre. Victim Services does not deal with Restraining Orders.

 

For more information, download our Protective Court Orders information card.