If your partner or ex is charged with a crime relating to violence or abuse against you, you can get help from Victim Services.

Victim Services can

• tell you about going to court
• help you talk with police, the Crown Attorney, and the correctional system
• help you prepare to testify in court
• explain and help you write a Victim Impact Statement
• help you apply for payment for financial loss or damage to property
• help you apply for Criminal Injuries Counselling
• help child victims or witnesses of crime
• support victims and families of human trafficking and sexualized violence
• help you find other agencies that may help you
• help you get ready to go to criminal court
• let you tour a courtroom

Contacts 

Victim Services regional offices.

Halifax Regional Police Department Victim Services
902-490-5300, Monday to Friday, 8:30 - 4:30
or if you have hearing impairment, text 902-497-4709.

Indigenous Victim Support Navigator, Halifax 
902-420-1576 

The Mi’kmaw Legal Support Network Victim Support Services
(Cape Breton, Millbrook, Dartmouth, and Kentville) 

If you are the victim of a crime or you have been charged with a crime, here are some other ways to get help

Coverdale Justice Society
Use the online form or call 902-422-6417
Services for women, youth, and gender-diverse individuals

• Court support
• Housing support
• Bail support
• Drop-in services

Elizabeth Fry Society of Mainland Nova Scotia
Apply online or call 1-902-454-5041

• Domestic Violence Court Program for partners who have been harmed, children involved in the program, and those accused of using violence against their partner
• Learn about healthy relationships
• Workshops, cultural gatherings, discussion spaces, and more for African Nova Scotian and Indigenous women

If you want to change a statement:

• Talk to a Crown Attorney and the police who investigated.
• Changing a statement can cause legal problems if the story changes a lot.  It is possible to get into legal trouble if the story changes a lot, or if new information is very different from what you told police earlier
• It’s a good idea to talk to a criminal lawyer first.

Find Crown Attorney contacts here.

If your partner is under conditions, meaning they can’t contact you, here’s what you need to know

• Only the person charged can apply to change conditions
• They must fill out a Provincial Court form and send it in.
• The Crown Attorney may ask you if you agree.

You do not have to agree.

The person applying to court may have a court date to explain to the judge why they think their conditions should be changed.

It is hard to have domestic violence charges dropped. 

Once police charge someone

• The Crown Attorney (also called “the Crown”) decides whether to take  the  case to court.
• It doesn’t matter if the victim and the accused want to stay together.

Sometimes charges are dropped if it takes too long to get to trial. Whether a case can be dismissed because of delay depends on the length of the delay and the reasons for the delay. 

A court case called R v Jordan sets out the rules about delays in criminal cases.

The Jordan decision sets these timelines from charges being laid to having a trial:

• 18 months for cases in provincial court
• 30 months for cases in Supreme Court

If a case is taking too long, the accused can apply to have it dismissed. The judge will decide if the case should go ahead.

A charge may not be dismissed just because the police make a small mistake on court forms. The judge can find someone guilty if the main facts are proven “beyond a reasonable doubt.”

You should get legal advice before pleading “guilty” or “not guilty.” 

The Domestic Violence Court Program is for people who have been charged with a criminal offence and the people who have been harmed. The program is an option only when the accused pleads guilty.

The court works with everyone involved to create a Court Plan to stop the violence and support healing. 

You do not have to take part. If you want to, you can give your ideas for the Court Plan or give a Victim Impact Statement. 

Domestic Violence Court is in Sydney and the Halifax Regional Municipality. The Wellness Courts in Amherst, Bridgewater and Truro also have domestic violence services. 

Read more about the program here.

• Protects you quickly
• Lasts for 30 days, and sometimes up to 30 more days
• Gives you time to look at longer-term safety options

Apply by calling the Justice of the Peace Centre: 902-424-8888 or 1-866-816-6555 or by contacting the nearest transition house or police services.

Emergency Protection Orders on First Nations

Apply for an Emergency Protection Order  by calling 1-866-816-6555. Your Band Administration Office might have another process for your community. 

Read about getting an EPO on a reserve.

Peace bonds

• Provincial court order
• Helps keep someone away if you fear they will harm you, your family, or your property. 
• Lasts up to 1 year, but you may add time if you need to

Apply at Family or Provincial Court.

Read more about applying for a peace bond.

Indigenous people in Nova Scotia are more likely to be arrested and jailed. The system has caused great harm to Indigenous communities. But you have rights.

If you are charged with a crime, you can ask for a Gladue Report. This tells the court about your background and helps the judge give a fair sentence. It may include:

• family history (like residential schools or child welfare)
• trauma (like abuse or mental health issues)
• other life experiences

Gladue reports are named after a 1999 Supreme Court of Canada case called R. v. Gladue. In that case, the court said that

• The criminal justice system has a history of discrimination against Indigenous people.
• An Indigenous person’s background should be considered in criminal justice decision-making.
• All other options should be considered before sending an Indigenous person to jail.

You do not need to have status or live on a reserve to get a Gladue report.

The Mi'kmaw Legal Support Network has a Gladue Report and Aftercare Program. They can help you

• make a healing plan
• follow through with Gladue recommendations
• keep in contact with you while you are working on your healing plan
• understand the conditions of your sentence.

If you experience racism when interacting with police or in court, you have rights.

Make a complaint about RCMP
Make a complaint about Halifax Regional Police

You may have grounds for a human rights complaint. Learn about your options.

Read more about racial justice here.

If you are charged with a crime, you can ask for an IRCA (Impact of Race and Culture Assessment). This tells the court about your background and helps the judge give a fair sentence. It may include:

• family history (like residential schools or child welfare)
• trauma (like abuse or mental health issues)
• other life experiences

IRCAs were first used in the 2010s, when lawyers and social workers in Nova Scotia saw that other pre-sentence reports failed to capture the social context of the lives of Black people. 

Read more about IRCAs here.

You can get an IRCA if you are waiting to be sentenced. Your lawyer will ask the African Nova Scotian Justice Institute for the IRCA, and they will contact you.

To learn about changing a statement you have given to police, changing conditions, or Victim Services, read more here.

If you experience racism when interacting with police or in court, you have rights.

Make a complaint about RCMP
Make a complaint about Halifax Regional Police

You may have grounds for a human rights complaint. Learn about your options.

Read more about racial justice here.

In Nova Scotia, a law called the Intimate Images and Cyber-protection Act helps you  protect yourself when someone harasses you or shares private images without your permission.

Learn about the Intimate Images & Cyber-Protection Act

CyberScan is a free service that can help. They can talk to the person and try to help solve the problem with negotiation, mediation, and restorative practices. They can talk with you about your legal options and going to court.

CyberScan 
1-855-702-8324 (Monday-Friday, 8:30 am - 4:30 pm)

If someone uses tech to bully you or share private images, you can apply to the Supreme Court of Nova Scotia for a cyber-protection order. You can also do this if you are a parent or guardian of a victim under the age of 19.

A protection order can:

• order someone not to share an intimate image
• order someone not to post about the victim
• order someone not to contact the victim
• order someone to take down a private image or online message
• order someone to pay damages to the victim

Applying for a cyber-protection order starts a court process for private legal disagreements. 

It is not a criminal process. Applying for a cyber-protection order does not mean the person will be charged with a crime or have a criminal record.

You can also make a report to the police. If they believe there is enough evidence, they may charge the other person with a crime.

If you don’t know who is cyberbullying you or sharing private pictures, you can ask the court to make someone who might know help you find the right person. This could mean getting information from another person or from an internet service provider.

How to apply

To apply for a cyber-protection order, you must file these forms with the court:

• Notice of Application in Chambers (Intimate Images)
• Affidavit (your statement about what happened)
• a draft order

Guide to filing an intimate images application.

Court costs

You must pay  $218.05 to file forms and $25 + HST for a law stamp. 

If you can’t afford these costs, you can ask the court for permission to not pay them. Read more here.

File at least 3 copies of each form. 

The court will “issue” your documents. This means they will stamp your forms and give you back 2 copies. 

Serve the person who is sharing pictures or cyberbullying you  with 1 copy of the stamped forms.

The court will set a date to hear your case. 

At least 3 days before the hearing, send  a brief to the court and the other party. The brief is a letter explaining why the court should give you a cyber-protection order.

You can read a sample Affidavit and sample Brief here (pages 11-14).

Protecting your privacy

You can ask the court to let you use a fake name, called a “pseudonym” on court records. You must tell the other people involved that you plan to do this. You can also ask the court for a publication ban. This means no one can share information online or in the media about the case that includes your name.

When a case involves someone under 19, there is automatically a publication ban.

You must serve court forms in person. You can do this yourself if it is safe, or you can get someone else to do it for you. 

You must tell the person who is cyberbullying you that you are asking the court for a cyber-protection order.  You must tell them in writing 10 days before the court date

Do not serve court forms in person if the other person has been violent or makes you feel unsafe.

If it is not safe to serve them, ask the judge for permission to send the forms by mail or email. You can also hire a process server to serve the forms. Keep any emails or other papers that show you served the forms.

These videos from the Courts of Nova Scotia talk in detail  the  stages of a Child Protection matter.

Watch videos about Child Protection in English

Watch videos about Child Protection in Mi’kmaq

Read questions and answers about Child Protection. 

If your child is taken into care, you need to know these  important court dates and deadlines

1. First appearance in court
   • Takes place about 5 days of your child being taken into care. It is also called “the 5-day appearance.”
   • Lasts about 15 minutes.
   • The judge might
     • dismiss the case and send your child home
     • decide your child should stay somewhere else. 

2. 30-day hearing
   • Takes place about a month after your child is taken into care. Child Protection must give you and the court an update on how your child is doing.
   • If you and Child Protection cannot agree on where the children will live and how often you can visit them, the judge will decide. 

3. The protection finding 
   • This takes place within 3 months. It is also called “the 90-day hearing.”
   • The judge decides:
     • if your child still needs protection or if they can return home 
     • what has to happen for them to live with you again
     • when and how you may visit your child.

4. The first disposition
   • This takes place within 3 months of the protection finding. 
   • The judge looks at plans to fix any risk to your children. 
     • If your child is under 14: you will have 1 year
     • If your child is 14 or over: you will have 18 months
   • You may have to go back to court to talk about how the plan is working. 
   • You might have to: 
     • get help for drug or alcohol dependency
     • go to parenting classes
     • learn how to keep your child safe from violence
     • make sure your child has a clean, safe place to live.

5. The final disposition
   • The judge decides if your child can return home.
   • The judge might decide your child can’t return home. They may decide your child will live somewhere else permanently. 
   • This could be with a family member, foster parents, in a group home, or with someone who adopts them. 
   • This decision is final.

If you don’t agree 

If you don’t agree with the Child Protection agency about how things should go, you can ask the court for a contested hearing. This can happen during any of the 5 stages.

Child protection agencies and the courts have not always treated Indigenous or African Nova Scotian families fairly. Too many Indigenous and Black children are still placed in foster care.

The law says that if a child is taken from home:

• they should stay connected to family and culture 
• they should be allowed to speak their own language 
• their foster families must recognize and respect the child’s hair, clothing, and beliefs

You have the right to speak up if you feel this isn’t happening. You can ask for a court hearing at any time.

There is also a law to protect Indigenous children and families. It’s called An Act Respecting First Nations, Inuit, and Métis Children, Youth and Families. It makes sure that children’s cultural needs are respected. Read more about this law.

Mi’kmaw Family and Children’s Services supports families living on reserves. Offices are in Eskasoni, Shubenacadie, and Bear River.

Nova Scotia Legal Aid 

Free appointments to anyone who needs legal advice when they are involved with a child protection agency. A lawyer may also go to court with you for free.

Summary Advice Counsel for a free consultation

Hire a private lawyer. Read about getting legal help here.

If you can’t afford a lawyer and you don’t qualify for Legal Aid, you may need to represent yourself in court. Learn more about representing yourself here. 

Help for Black and Indigenous families

African Nova Scotian Justice Institute
902-492-5619
www.ansji.ca
Free legal services to African Nova Scotian and Black people in Nova Scotia 
Help with criminal law, family law and child welfare, and human rights

Association of Black Social Workers
Black Community Toll Free Support Number 1-855-732-1253 ext. 1 or 2

Mi’kmaw Legal Support Network
www.mlsn.ca
Free legal information and services for Indigenous people in Nova Scotia

N.C.N.S. Community Support Counsellor 1-902-895-1738 
www.ncns.ca/programs-services/native-social-counselling-agency
Helps off-reserve Aboriginal people with confidential support and referral services

Big Brothers Big Sisters
Mentorship, relationship building, and support for children, youth, and families

Boys and Girls Clubs 
Provide children and young adults up to age 16 with a safe, supportive place to build positive relationships and develop confidence and skills for life

Kids Help Phone
Text CONNECT to 686868 

Youth Legal Info Text Line
Legal Information Society of NS
Text (902) 510-5646

Path Program
The Path Program supports youth age 19-24 as they transition from Care and Youth Services to adulthood.

Support for Black and African Nova Scotian children and youth

African Canadian Services Branch (ACSB)
Department of Education and Early Childhood Development

• Scholarship program
• Support worker program
• Inclusive education supports

Black Youth Helpline
1-833-294-8650

Delmore “Buddy” Daye Learning Institute
Bursaries and scholarships
Youth leadership and mentorship
Employment and volunteer services

East Preston Family Resource Centre

• Day care
• Home visiting program
• Youth program
• Accompanies families to court situations, medical appointments, and other support services

Support for Indigenous children and youth

Kids Help Phone

• Text CONNECT to 686868 or ask to speak with an Indigenous crisis responder by texting FIRST NATIONS, INUIT, or METIS
• Support for First Nations, Inuit and Métis youth

Mi’kmaw Native Friendship Centre

• Access to community and culture
• Education and funding
• Mi’kmaw Language Class
• Harm reduction
• Employment and training
• Health and wellness
• Food and housing

Mi'kmaq Services
Department of Education and Early Childhood Development

Native Council of Nova Scotia Aboriginal Family Resource Program
Supporting Aboriginal families and youth from Digby to Windsor with resources, tools, programs, and services

Native Youth Crisis Hotline
Counselling Services: 613-520-6674 (press 2)
Monday-Friday, 8:30 a.m. – 4:30 p.m.

You do not need permission to move if it will not affect parenting time or visits, unless your court order or agreements say something different. 

You must still tell the other caregivers in writing that you’re moving. And you must tell them at least 60 days’ before your move. 

You must include:

• the date you plan to move
• your new address
• other new contact information for the child

You will need permission to relocate. You need agreement from anyone who has parenting time or decision-making responsibility for the child, or permission from a court.

You must tell the other person in writing  at least 60 days before you plan to move.

You must tell them whether you plan to relocate with the child or without the child.   

You do not need permission to relocate from someone who only has contact time with the child, but does not make decisions about the child (like a grandparent). But you must tell them you plan to  move.

You must include:

• the date you plan to move
• your new address
• other contact information for the child or person who is moving
• a new proposal for parenting time, decision-making responsibility, or contact 

The Government of Canada has a Notice of Relocation form that you can fill out and print.

You can also look at this basic sample  document form(13 KB) .

If the matter goes to court, you will have to prove that the other party got notice. Keep proof of delivering the notice and any response you get. For example, save the email showing that the notice was sent and acknowledged by the recipient.

You should not deliver the notice in person if there is a history of high conflict or violence with the other party.

People with decision-making responsibility or parenting time can disagree with a move that will affect parenting arrangements. This is called “objecting” to the move.

A person with just a contact order cannot object. This might be a grandparent who has contact time with the child.

If no one objects within 30 days and no court order stops you from relocating, you can move on the date in the Notice of Relocation. 

A person objecting to relocation must explain the reasons they are objecting and their views on the proposal in the Notice of Relocation. 

The government of Canada has an Objection to Relocation form online that you can fill out and print. 

You can also look at this sample document form(13 KB) .

If you and the other party don’t agree, you must apply to court for permission to move. The judge must think about what will be best for the child. You will need to explain:

• why you are moving
• how moving would affect the child 
• how moving could be good for the child (like being closer to family or school)
• how parenting time or decision-making will work after the move

Read more about relocation here.

Guide to applying for a court order.

To start a case in court, you need to:

• fill out court forms
• make at least 3 copies of all forms
• file them at the court office.

The court will issue your forms. This means:

• They will “issue” the documents. This means they will stamp them with the date you filed.
• They will keep 1 copy.
• They will give you the other copies.

Keep 1 copy for yourself.

You must deliver 1 copy to the other person. This is called “serving” the person.

Filing an urgent or emergency application

You must include a cover letter with your forms. Explain why it’s urgent or an emergency. 

You will also need to file a Notice of Motion for Interim Relief and an affidavit. There is an additional filing fee of $66 when filing a Notice of Motion for Interim Relief. You can get those forms here.

The court will hear emergency cases if:

• you or your child is in danger now
• there has been violence or a serious threat against someone
• the other person took the child and you think they may take the child out of the country.

An urgent application is when there is no danger or risk of harm to anyone, but your case needs to be heard quickly because of special circumstances.

Court fees

You must pay a fee to file a court case. 

If you can’t afford the filing fee, you can ask the court for permission to not pay. This is  called a waiver of court fees. 

Read about court costs.

Read about applying for a court order.

You must deliver court forms in person. This is called “serving the person” or “serving the documents.” 

You can do this yourself if it is safe, or you can get someone else to do it for you.

Do not serve court forms in person if the other person has been violent or makes you feel unsafe.

If it is not safe to serve your partner or ex, ask the judge for permission to send the forms by mail or email. You can also hire a process server to serve the forms.

Child support is money that one parent pays to the other to support their child financially. 

A child has the right to financial support from their parents. In Nova Scotia, the law says that a  child is

• younger than 19 OR
• 19 or over, but still depends on their parents because of illness, disability or education.

When parents split up, one of them will usually have to pay child support.

This amount helps pay for basic costs like food, clothing, shelter and activities.

Some children have more expenses. These are called “special” or “extraordinary” expenses. Lawyers and the courts may call them “Section 7 expenses.” They are added to the basic amount when calculating child support. 

So child support usually includes:

• a basic amount from the government of Canada’s  Child Support Tables 
• an amount for any special expenses that the child has. 

Learn about child support here.

Spousal support is money one spouse pays to the other after they separate or divorce. Spousal support is also sometimes called “maintenance” or “alimony.”

You can apply for spousal support if you:

• are married, but you are separated or have applied for a divorce
• have a registered domestic partnership
• are in a common law relationship and
  • lived together for at least 2 years
  • lived together and have a child together 

If you have a child together, you do not need to have lived together for 2 years. 

Read about spousal support here.

To start a case in court, you need to:

• fill out court forms
• make at least 3 copies of all forms
• file them at the court office.

The court will issue your forms. This means:

• They will “issue” the documents. This means they will stamp them with the date you filed.
• They will keep 1 copy.
• They will give you the other copies.

Keep 1 copy for yourself.

You must deliver 1 copy to the other person. This is called “serving” the person.

Filing an urgent or emergency application

You must include a cover letter with your forms. Explain why it’s urgent or an emergency. 

You will also need to file a Notice of Motion for Interim Relief and an affidavit. There is an additional filing fee of $66 when filing a Notice of Motion for Interim Relief. You can get those forms here.

The court will hear emergency cases if:

• you or your child is in danger now
• there has been violence or a serious threat against someone
• the other person took the child and you think they may take the child out of the country.

An urgent application is when there is no danger or risk of harm to anyone, but your case needs to be heard quickly because of special circumstances.

Court fees

You must pay a fee to file a court case. 

If you can’t afford the filing fee, you can ask the court for permission to not pay. This is  called a waiver of court fees. 

Read about court costs.

Read about applying for a court order.

Court rules say that you must serve court forms in person. You can do this yourself if it is safe, or you can get someone else to do it for you.

Do not serve court forms in person if the other person has been violent or makes you feel unsafe.

If it is not safe to serve your partner or ex, ask the judge for permission to send the forms by mail or email. You can also hire a process server to serve the forms.

The main terms used by the law to talk about parenting arrangements are:

• decision-making responsibility (used to be  called “custody”)
• parenting time (used to be called “access”)

Decision-making responsibility  is making the decisions about the child’s well-being. These decisions include things like health care, education, and religion. More than one person may have decision-making responsibility.

Parenting time is the time a child spends with a parent or person who has a parenting role. 

One parent may have most of the parenting time. This is called “primary care.” 

Or parents may share parenting time about equally. This is called “shared parenting.” 

Or the schedule might be something in between. 

Parenting time may be described in an agreement, parenting plan, or a court order. Or the arrangement can be informal and what works for the parents and their child.

Contact is time the child spends with people who are important to them, but who are not their parents or in a parenting role. This can include grandparents and other family. It can include

• telephone or video calls
• sending letters, emails, or texts
• sending birthday or holiday gifts
• going to school concerts or other events

You can read detailed information about parenting arrangements here.

To start a case in court, you need to:

• fill out court forms
• make at least 3 copies of all forms
• file them at the court office.

The court will issue your forms. This means:

• They will “issue” the documents. This means they will stamp them with the date you filed.
• They will keep 1 copy.
• They will give you the other copies.

Keep 1 copy for yourself.

You must deliver 1 copy to the other person. This is called “serving” the person.

Filing an urgent or emergency application

You must include a cover letter with your forms. Explain why it’s urgent or an emergency. 

You will also need to file a Notice of Motion for Interim Relief and an affidavit. There is an additional filing fee of $66 when filing a Notice of Motion for Interim Relief. You can get those forms here.

The court will hear emergency cases if:

• you or your child is in danger now
• there has been violence or a serious threat against someone
• the other person took the child and you think they may take the child out of the country.

An urgent application is when there is no danger or risk of harm to anyone, but your case needs to be heard quickly because of special circumstances.

Court fees

You must pay a fee to file a court case. 

If you can’t afford the filing fee, you can ask the court for permission to not pay. This is  called a waiver of court fees. 

Read about court costs.

Read about applying for a court order.

Court rules say that you must serve court forms in person. You can do this yourself if it is safe, or you can get someone else to do it for you.

Do not serve court forms in person if the other person has been violent or makes you feel unsafe.

If it is not safe to serve your partner or ex, ask the judge for permission to send the forms by mail or email. You can also hire a process server to serve the forms.