Protecting Yourself

Emergency Protection Orders

• An emergency protection order is an order that police can obtain from the court to provide immediate protection to an abused family member. The application can be made by telephone or in person at any hour of the day or night.

• This order can say that an abusive family member:
  • must temporarily leave the home immediately,
  • cannot contact other family members,
  • cannot come near their home, workplace or school,
  • must give up all guns, knives and other weapons.

• The fact that an abuser can be ordered to leave the home might be very beneficial to you and your children. The fact that you can stay in your home may help to stabilize your situation before you have to take any further steps, such as applying for custody.

• The order can allow for the police to accompany a person to the residence to collect personal belongings, and finally include any other term that is appropriate or necessary in the circumstances.

• The order can be requested by telephone or in person at any hour, and can be made without notice to the other person against whom the order is sought.

• If the police have been called to an incident of family violence, they will make the decision as to whether to make an application for an emergency protection order or not. In making this decision the police will assess the situation, the degree of risk involved and whether or not a criminal offence has been committed.

• If a criminal offence has been committed the police can charge the offender instead of applying for an emergency protection order. The police have two options in this regard. The offender can be charged at the scene of the incident and asked to enter into a promise to appear at court at a given date and time, with the condition that in the intervening period they will not go near or contact the person who has complained of abuse. Alternatively, the offender can be taken before a justice immediately, when the police will request conditions of no contact as part of the release terms.

• If the police decide that the situation does not need an emergency protection order, you can apply for the order yourself, but you can only apply in person at court. You would have to attend at your nearest Provincial Court to make the request. This could only be done during regular court hours. If you are attending court, other options are to apply for a Queen's Bench Protection Order or an ex parte restraining order from the Court of Queen's Bench.

• When the order is granted it will refer to the abuser as the respondent and to you as the claimant.

• If an emergency protection order is granted without the other person being present, a copy of the order must be served on that person as soon as possible. Service of the documents is usually carried out by the police. It is important to be sure that the other person is served with the order because the order has no effect unless the other person has notice of it. Make sure that you ask the police to confirm that they will be serving the notice on the respondent.

• There must then be a review of the order in court by a judge within nine days when all parties can be present. The judge will then decide whether or not the order should be confirmed or revoked The judge can also replace the emergency protection order with a Queen's Bench Protection Order, or set another date for a hearing of the issues. A Queen's Bench Protection Order allows the court to make some further provisions in an order, particularly with regard to reimbursement for expenses caused by the violence and temporary possession of property.

• It is important that any protection order made by the court include very specific words that give the police authority to arrest the offender if the order is broken. This is called an enforcement clause. The police require this authority in order to register the order in their computer system for quick access.

• After an emergency protection order is obtained and a date set for review of the order, the police should refer you to your local Legal Aid office. Legal Aid funds legal representation for the review process in court. There are no financial limits to qualify for the legal assistance. It is a free service. In Edmonton you will be referred to the Family Law Office of Legal Aid. In Calgary you will be referred to Calgary Legal Guidance. In other areas you will be referred to your local Legal Aid office. If the police do not tell you this, you should contact the Legal Aid office in any event, as soon as possible after the emergency protection order is granted. You must not miss the hearing date set for the review. You should also be aware that after you have contacted Legal Aid, it will generally be your responsibility to contact the lawyer assigned to help you. Be sure to ask the personnel in the Legal Aid office about this.

• A full list of Legal Aid offices across Alberta can be seen at www.legalaid.ab.ca, follow links through Contact Us.

• Information about the process for review of an emergency protection order can also be seen on the Alberta Courts web site at www.albertacourts.ab.ca/familylaw, click on the link that says 'Booklets'. If you decide to proceed through the review process without a lawyer, the booklets will help you prepare the material.

• Once you have been through the review process and have either a confirmed emergency protection order or a Queen's Bench Protection Order, you must make sure that a copy of the order is served on the respondent if they did not come to court and did not know the order had been made. If you do not have a lawyer acting for you, it is advisable to hire a process server to serve the respondent with a copy of the order. You must give the process server a certified and filed copy of the order. These are obtained through the courthouse office. When service has been carried out, the process server will give you an Affidavit of Service with the certified copy of the order attached. The Affidavit must be filed with the Chambers Clerk at the courthouse.

Enforcing the order

• It is a good idea to carry a copy of the order with you at all times. If a person breaches the terms of a protective order, the person can be arrested. If you carry a copy of the order you will be able to show it to any authority, such as the police, who can then take the necessary action in arresting the offender.

• Once the respondent has been served with a copy of the order, it is very important that the order is then registered with the police. The police have a registry system that can be accessed anywhere by computer if an order is broken. Registration of the order will help to ensure that there will be a speedy response if it is ever broken.

• To register the order with the police you will need a certified copy of the order, and a filed copy of the Affidavit of Service. You must fill out a Statement of Description form which can be obtained from the police, and confirm your home address and any other address that you want the respondent to be kept away from. You must also confirm to the satisfaction of the police that any variations, amendments or extensions to the order will be brought to the attention of the Registry immediately after they are filed with the court.

• Edmonton and Calgary each have a Restraining Order Registry:

  Edmonton:

  The Chief of Police
  Edmonton Police Service
  9620 - 103A Avenue
  Edmonton, AB T5H OH7
  Attn: Case Management Unit

  Calgary:

  The Chief of Police
  Calgary Police Service
  133 - 6th Avenue SE
  Calgary, AB T2G 4Z1
  Attn: Case Management Unit

• Outside of Edmonton and Calgary you should contact your local police or RCMP detachment to see where and how to register your order.

Protecting Yourself - Continued: Using the Law to Keep an Abuser Away Protective Orders under the Protection Against Family Violence Act (PAFVA) Emergency Protection Orders Queen's Bench Protection Orders Restraining Orders Peace Bonds FAQs on Restraining Orders and Peace Bonds (frequently asked questions) Protection Against Family Violence Act

July 2003

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