Expanded definition of family violence will help keep victims safe, says Andrew Parsons
Terry Roberts | CBC News | Posted: March 15, 2018 4:52 PM | Last Updated: March 15, 2018
Judges can include emotional, psychological and financial abuse when deciding on emergency protection order
Victims of family violence in Newfoundland and Labrador will no longer have to wait to be assaulted or harassed in order to receive immediate help from the province's justice system.
Upcoming changes to the Family Violence Protection Act will provide the legal system with broader powers when it comes to protecting adults and their children from abuse, says Justice Minister Andrew Parsons.
"We are doing more to keep them safe," Parsons told reporters Thursday about changes to the legislation.
The Liberals will change the definition to include emotional, psychological and financial abuse, giving Newfoundland and Labrador one of the broadest legal definitions of family violence in the country.
Parsons said it's intended to prevent a person in a spousal, intimate or family relationship from using words to control, isolate or dehumanize someone, and address situations where there is financial abuse in the family.
The current definition is limited to acts or threats of physical or sexual violence, property damage, harassment or deprivation of necessities of life.
Parsons admitted this falls short because it does not capture some of the behaviours by an aggressive spouse that can cause harm.
"They cannot get help, and people right now are living in this nightmare," he said.
Domestic violence on the increase
The Liberal government will adopt the changes in the current sitting of the House of Assembly, and they come at a time when the number of reported incidents of domestic violence are rising.
The changes will make it easier for provincial court judges to grant what's called an emergency protection order, or EPO, which in most cases results in the immediate removal of the aggressive spouse from the household for a maximum of 90 days.
The EPO can also include a restraining order, seizure of weapons and rulings on who can control personal property.
They are intended to keep victims safe from their abusers, since similar measures through the criminal justice system can take many months to be ruled upon.
Victims of family violence can apply online for an EPO by filling out a form, which is then reviewed and ruled on by a judge at one of the 10 provincial courts in the province.
198 protection orders issued in 2016-17
There were 270 applications for an EPO in the province last year, and 198 of them were granted. There's also an appeal mechanism for applications that are rejected.
We have to keep fighting this. - Justice Minister Andrew Parsons
With the expanded definition of family violence, Parsons expects the number of applications to increase.
"I've personally talked to people this year who are dealing with situations where there's no physical violence, but there's other situations going on that are causing harm to them and their children and they have no way out of it. That's all the justification I need there," said Parsons.
It's the first changes to the Family Violence Protection Act since it was adopted in 2005, and Parsons said he's open to even more changes if they help make adult victims of family violence and their children safer.
"We have to keep fighting this," he said.