4(1)On application in accordance with section 3 and without notice to any other person, a designated authority may make an emergency intervention order if he or she determines on a balance of probabilities that
(a)
intimate partner violence has occurred or is likely to occur, and
(b)
the seriousness and urgency of the situation warrant the making of the order.
4(2)A designated authority shall make an emergency intervention order under subsection (1) within 24 hours after the application is made.
4(3)In determining whether to make an emergency intervention order, a designated authority shall consider the following factors:
(a)
any history of intimate partner violence committed by the respondent toward the applicant;
(b)
the nature and impact of the intimate partner violence committed or likely to be committed by the respondent toward the applicant;
(c)
whether the intimate partner violence is repetitive or escalating;
(d)
whether the intimate partner violence is evidence of a pattern of coercive or controlling behaviour toward the applicant;
(e)
the best interests of any children in the care and custody of the applicant or the respondent;
(f)
threats against family members of the applicant, including threats of violence and threats of abduction;
(g)
other previous acts of violence committed by the respondent, including intimate partner violence toward other persons and violence against animals;
(h)
any mental health concerns involving the respondent;
(i)
the current status of the intimate personal relationship between the applicant and the respondent, including any recent separation or intention to separate;
(j)
a recent change in circumstances of the respondent or any other circumstances of the respondent that may increase the risk to the applicant, including the following:
(i)
substance abuse;
(ii)
employment or financial difficulties;
(iii)
access to firearms or other weapons; and
(iv)
release from incarceration;
(k)
a particular vulnerability of the applicant or any circumstances of the applicant that may increase the risk to the applicant, including pregnancy, age, family circumstances, disability, health or economic dependence; and
(l)
the applicant’s need for a safe environment to arrange for longer‑term protection from intimate partner violence.
4(4)The following factors do not prevent a designated authority from making an emergency intervention order:
(a)
an emergency intervention order, restraining order or order of any court ordering the respondent not to contact or communicate with the applicant has been made previously;
(b)
the respondent has previously complied with an emergency intervention order, restraining order or order of any court ordering the respondent not to contact or communicate with the applicant;
(c)
the respondent is temporarily absent from the residence at the time of the application for the order;
(d)
the applicant is temporarily residing in an emergency shelter or other safe place;
(e)
criminal charges have been or may be laid against the respondent; and
(f)
the applicant has a history of reconciling or residing with the respondent after an act of intimate partner violence.
4(5)An emergency intervention order may contain one or more of the following provisions:
(a)
a provision restraining the respondent from going to or near a specified place or person;
(b)
a provision restraining the respondent from communicating with or contacting the applicant or a specified person, either directly or indirectly;
(c)
a provision granting the applicant temporary exclusive occupation of the residence;
(d)
a provision granting the applicant or respondent temporary possession and exclusive use of personal property;
(e)
a provision directing a peace officer or a deputy sheriff to accompany a specified person to the residence to supervise the removal of specified personal belongings;
(f)
a provision directing a peace officer to remove the respondent from the residence;
(g)
a provision restraining the respondent from taking, converting, damaging or otherwise dealing with property in which the applicant may have an interest;
(h)
a provision granting temporary care and custody of a child to the applicant;
(i)
a provision directing a peace officer to seize weapons, including firearms and ammunition, and any documents related to the right to possess or purchase firearms;
(j)
a provision prohibiting the publication of the name and address of the applicant or a child or other information that may identify the applicant or a child;
(k)
a provision restraining the respondent from further acts of intimate partner violence;
(l)
a provision restraining the respondent from terminating basic utilities for the residence; and
(m)
any other provision that the designated authority considers necessary for the immediate safety of the applicant.
4(1)On application in accordance with section 3 and without notice to any other person, a designated authority may make an emergency intervention order if he or she determines on a balance of probabilities that
(a)
intimate partner violence has occurred or is likely to occur, and
(b)
the seriousness and urgency of the situation warrant the making of the order.
4(2)A designated authority shall make an emergency intervention order under subsection (1) within 24 hours after the application is made.
4(3)In determining whether to make an emergency intervention order, a designated authority shall consider the following factors:
(a)
any history of intimate partner violence committed by the respondent toward the applicant;
(b)
the nature and impact of the intimate partner violence committed or likely to be committed by the respondent toward the applicant;
(c)
whether the intimate partner violence is repetitive or escalating;
(d)
whether the intimate partner violence is evidence of a pattern of coercive or controlling behaviour toward the applicant;
(e)
the best interests of any children in the care and custody of the applicant or the respondent;
(f)
threats against family members of the applicant, including threats of violence and threats of abduction;
(g)
other previous acts of violence committed by the respondent, including intimate partner violence toward other persons and violence against animals;
(h)
any mental health concerns involving the respondent;
(i)
the current status of the intimate personal relationship between the applicant and the respondent, including any recent separation or intention to separate;
(j)
a recent change in circumstances of the respondent or any other circumstances of the respondent that may increase the risk to the applicant, including the following:
(i)
substance abuse;
(ii)
employment or financial difficulties;
(iii)
access to firearms or other weapons; and
(iv)
release from incarceration;
(k)
a particular vulnerability of the applicant or any circumstances of the applicant that may increase the risk to the applicant, including pregnancy, age, family circumstances, disability, health or economic dependence; and
(l)
the applicant’s need for a safe environment to arrange for longer‑term protection from intimate partner violence.
4(4)The following factors do not prevent a designated authority from making an emergency intervention order:
(a)
an emergency intervention order, restraining order or order of any court ordering the respondent not to contact or communicate with the applicant has been made previously;
(b)
the respondent has previously complied with an emergency intervention order, restraining order or order of any court ordering the respondent not to contact or communicate with the applicant;
(c)
the respondent is temporarily absent from the residence at the time of the application for the order;
(d)
the applicant is temporarily residing in an emergency shelter or other safe place;
(e)
criminal charges have been or may be laid against the respondent; and
(f)
the applicant has a history of reconciling or residing with the respondent after an act of intimate partner violence.
4(5)An emergency intervention order may contain one or more of the following provisions:
(a)
a provision restraining the respondent from going to or near a specified place or person;
(b)
a provision restraining the respondent from communicating with or contacting the applicant or a specified person, either directly or indirectly;
(c)
a provision granting the applicant temporary exclusive occupation of the residence;
(d)
a provision granting the applicant or respondent temporary possession and exclusive use of personal property;
(e)
a provision directing a peace officer or a deputy sheriff to accompany a specified person to the residence to supervise the removal of specified personal belongings;
(f)
a provision directing a peace officer to remove the respondent from the residence;
(g)
a provision restraining the respondent from taking, converting, damaging or otherwise dealing with property in which the applicant may have an interest;
(h)
a provision granting temporary care and custody of a child to the applicant;
(i)
a provision directing a peace officer to seize weapons, including firearms and ammunition, and any documents related to the right to possess or purchase firearms;
(j)
a provision prohibiting the publication of the name and address of the applicant or a child or other information that may identify the applicant or a child;
(k)
a provision restraining the respondent from further acts of intimate partner violence;
(l)
a provision restraining the respondent from terminating basic utilities for the residence; and
(m)
any other provision that the designated authority considers necessary for the immediate safety of the applicant.