Acts and Regulations

2017, c.5 - Intimate Partner Violence Intervention Act

Section 9
Disposition versions

Full text
Application to vary or set aside emergency intervention order
9(1)Within 21 days after a respondent has been served with or notified of the emergency intervention order or at any time if there is a material change in circumstances, a judge, on application by the applicant or the respondent named in the order, may do one or more of the following:
(a) confirm the order;
(b) make changes to or set aside any provision of the order;
(c) add any provision to the order;
(d) decrease the period of time for which any provision of the order is to remain in force;
(e) extend, by up to 180 days, the period of time for which any provision of the order is to remain in force;
(f) set aside the order; or
(g) make an order with respect to any item that has been seized.
9(2)On an application under subsection (1),
(a) the evidence before a designated authority on previous applications under this Act shall be considered evidence,
(b) the onus is on the respondent to prove that the emergency intervention order should be varied or set aside, and
(c) the applicant and the respondent have the right to be heard and the right to examine and cross-examine witnesses.
9(3)The variation of one or more of the provisions of an emergency intervention order does not affect the other provisions in the order.
9(4)If the applicant and the respondent agree to set aside the emergency intervention order but the judge is not satisfied that the applicant has voluntarily agreed to set aside the order, the judge may adjourn the proceeding to allow the applicant to obtain legal or other advice.
Application to vary or set aside emergency intervention order
9(1)Within 21 days after a respondent has been served with or notified of the emergency intervention order or at any time if there is a material change in circumstances, a judge, on application by the applicant or the respondent named in the order, may do one or more of the following:
(a) confirm the order;
(b) make changes to or set aside any provision of the order;
(c) add any provision to the order;
(d) decrease the period of time for which any provision of the order is to remain in force;
(e) extend, by up to 180 days, the period of time for which any provision of the order is to remain in force;
(f) set aside the order; or
(g) make an order with respect to any item that has been seized.
9(2)On an application under subsection (1),
(a) the evidence before a designated authority on previous applications under this Act shall be considered evidence,
(b) the onus is on the respondent to prove that the emergency intervention order should be varied or set aside, and
(c) the applicant and the respondent have the right to be heard and the right to examine and cross-examine witnesses.
9(3)The variation of one or more of the provisions of an emergency intervention order does not affect the other provisions in the order.
9(4)If the applicant and the respondent agree to set aside the emergency intervention order but the judge is not satisfied that the applicant has voluntarily agreed to set aside the order, the judge may adjourn the proceeding to allow the applicant to obtain legal or other advice.