It's important to remember that a court order cannot guarantee your safety. We encourage you to talk about any safety concerns with Victim Services, the RCMP or other trusted support people.
What's a no-contact order?
A no-contact order is when court tells someone not to contact you or come near you. There are several ways to get a no-contact order.
- RCMP can make no-contact a condition after they charge someone with a criminal offence.
- Courts can make no-contact a condition on:
- a bail order;
- a sentence; or
- as a condition of probation.
A no-contact order can be for any crime. The order prevents the accused from contacting specific people, such as:
- the victim;
- witnesses; or
- a co-accused.
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.
- Only a court can remove a no-contact order.
- No-contact order can be changed by a court, bail supervisor or probation officer.
Get a protective order
Victims can apply for a no-contact order as a condition of protective orders such as:
- a peace bond;
- an emergency intervention order; or
- a victim assistance order.
Get a restraining order
You go to Family Court to get a restraining order. In most cases, you can apply for a restraining order against someone if at least 1 of these is true:
- you were married to the person;
- you lived together with the person for any period of time; or
- you have a child with the person.
A peace bond is a criminal court order made by a justice of the peace or judge. It's a signed promise to keep the peace and to be on good behaviour. If someone signs a peace bond, it means they promise:
- to follow the conditions in it; and
- not to break the law.
Not following the conditions in a peace bond is a crime.
Who can apply for a peace bond
You can apply for a peace bond against anyone. It does not have to be someone you were in a relationship with. For example, you could apply for a peace bond against a:
- neighbour; or
- co-worker.
You can apply for a peace bond if:
- you fear that a crime will be committed against you, your family or property; or
- a crime has already been committed.
Prove why you need the order
To get a peace bond, you must prove that you have a reasonable fear that the other person will:
- hurt you, someone in your family, or your pets; or
- damage your property.
Applying for a peace bond
Victim Services can help you at each step.
- You need to contact Victim Services or the RCMP to make a statement.
- The RCMP will then prepare an information and summons.
- Go to the Law Court Building to appear in front of a justice of the peace to swear by your statement. In person: 2134 2nd Avenue in Whitehorse. The Court is open Monday through Friday from 12 p.m. to 1 p.m. except on statutory holidays.
- The justice of the peace will decide whether or not to grant a hearing for your application.
- If you're granted a hearing:
- you and the person you named in the peace bond application will have to appear;
- you will have to testify about why you fear for your safety;
- the person you named in the peace bond will have a chance to testify and to ask you questions in the hearing; and
- the justice of the peace will decide whether or not to grant a peace bond or a mutual peace bond.
What if the person does not respect the conditions?
- Call the RCMP to report the breach of a peace bond.
- The person may be charged with a criminal offence for breaching the peace bond.
- Find out about about the court process.
For more information, contact Victim Services.
An emergency intervention order (EIO) is to prevent family violence happening in your home by:
- a partner;
- a former partner; or
- a family member.
It's a short-term order that provides immediate help.
How long does it last?
An average of 30 days. It's meant to give time to start a Family Court process or other protective measures.
What does an EIO do?
- Provides immediate help and can be used when there is an imminent risk of violence.
- Allows you (and your children) to stay in your own home, if it's safe.
- Removes the person using violence from your home.
- Prevents the person using violence from contacting:
- you;
- your family; and
- anyone else listed in the order.
How to apply for an EIO
- Contact the RCMP or Victim Services to make a statement.
- Victim Services will organize a hearing with a justice of the peace over the phone.
- You have to be present in person for the hearing.
- The justice of the peace decides whether or not to grant the EIO.
- A judge will confirm or order a rehearing of the EIO.
- The person using violence does not participate in the hearing.
- The hearing can be done at Victim Services or the RCMP detachment.
- The order can be granted within 24 hours.
Can you cancel the EIO?
Yes, you can ask for the EIO to be changed or removed.
Can the person using violence appeal the order?
The person named in the EIO:
- can ask for a rehearing in front of a judge; and
- they have to show why the order should not be in place.
- The judge can confirm, change or deny the EIO.
For more information or to apply for an EIO, contact Victim Services.
A victim's assistance order (VAO) can be used for victims of domestic violence.
This order can:
- give victims temporary possession of personal property;
- prevent an abusive person from taking or damaging property;
- remove the person using violence from your home; and
- prevent the person using violence from contacting:
- you;
- your family; and
- anyone else listed in the order.
The VAO can also require the abusive person to pay the victim or their children for any loss of:
- income (for example to continue payment on rent, or mortgage, groceries, etc.);
- medical expenses;
- moving expenses; and
- legal expenses.
How long does an order last?
An average of 90 days. It's meant to give time to start a Family Court process or other protective measures.
Applying for a VAO
- Contact Victim Services or the RCMP to complete the application and affidavit. You may want to consult with a family lawyer to prepare the application
- Victim Services can help you file the documents at Court Services.
- You will get a hearing date, usually within 1 week.
- The person named in the VAO will be served the documents by the RCMP.
- Both sides will have to attend the hearing in front of a judge.
What happens at the hearing
- You can have a family lawyer represent you.
- Victim Services can be there for support.
- The person named in the VAO has a right to a lawyer.
- You may have to testify.
- You can have witnesses testify on your behalf.
- The judge will make a decision to grant, change or deny the application.
A restraining order is a family court order. It limits what a person can do in a way the court thinks is appropriate.
Where can you apply
You go to Family Court to get a restraining order. In most cases, you can apply for a restraining order if at least 1 of the following is true:
- you were married to the person;
- you lived with the person for any period of time; or
- you have a child with the person.
The rules for a restraining order are the same if the person is the same sex or the opposite sex.
You do not need a lawyer to apply for a restraining order. But it's a good idea to get legal help. Get legal advice if your case includes factors such as immigration issues or child custody.
Prove why you need the order
You must prove that you have reasonable grounds to fear for:
- your safety; or
- the safety of any child in your custody.
You must show why you're afraid for yourself or any child.
Where to get more information about restraining orders
Family Law Information Centre
In person: Andrew A. Philipsen Law Centre (ground floor), 2134 2nd Avenue in Whitehorse. The office is open Monday through Friday from 9 a.m. to 4 p.m.
Email: flic@gov.yk.ca
Phone: 867-667-5753, or toll free in Yukon 1-800-661-0408 extension 5753
Law line
In person: Tutshi Building, 2131 2nd Avenue, Suite 102 (look for the blue and green door).
Email: ypleayt@gmail.com
Phone: 867-668-5297 or toll free at 1-866-667-4305.
Website: Law Line
Consult with a family lawyer
Victim Services
Contact Victim Services to find out more information. You can phone or drop in to talk to us (no appointment required) Monday through Friday from 8 a.m. to 4:30 p.m.
Email: victim.services@yukon.ca
Whitehorse
In person: 212 Main Street, Suite 210 – 2nd floor
Phone: 867-667-8500, or toll free 1-800-661-0408, extension 8500
Dawson City
In person: 813B 3rd Avenue
Phone: 867-993-5831
Watson Lake
In person: 820 Adela Trail
Phone: 867-536-2541