protection orders
If you or a loved are in imminent danger, call 911.
If you feel that you may be at risk due to another person, please go to a safe place and contact us to help you apply for a form of No Contact Order/Protection Order.
What is “Family Violence”?
Pursuant to the Protection Against Family Violence Act, “family violence” includes:
- any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a family member;
- any act or threatened act that intimidates a family member by creating a reasonable fear of property damage or injury to a family member,
- forced confinement,
- sexual abuse, and
- stalking.
Types of No Contact Orders
No Contact Orders take a number of different forms, depending on the people involved (family members or not), the type of behaviour at issue (family violence or not), and whether notice must be given to the other person.
The Applicant or Claimant is the person who is seeking the Order. The Respondent is the person the Order is against.
As long as there is a clause in the Order stating as much, if the person breaches the conditions of the Order, they can be arrested. There may be civil and/or criminal penalties that arise as a result.
Restraining Orders
Restraining Orders are available to anyone who experiences harassment, threats, or actual physical violence from another person.
As examples, a Restraining Order may be granted in a situation involving a short-term dating relationship or with respect to a neighbour.
A Restraining Order may be granted without notice against the Respondent in circumstances where notice may increase the risk of harm.
Emergency Protection Orders
Emergency Protection Orders (EPOs) are available through the Alberta Court of Justice to anyone who has experienced or been threatened with family violence at the hands of a family member, and there is an immediate need for protection from that person. An EPO can also result in the claimant obtaining temporary exclusive possession of the home and a temporary Parenting Order.
An EPO is granted without notice, but has an automatic review date shortly after being granted for the Respondent to explain their side. If you require assistance with a review of an EPO, we can assist.
King's Bench Protection Order
An application for a King’s Bench Protection Order (“KBPO”) is typically made on notice to the other person (unlike an EPO).
On review, a Restraining Order or an EPO can be converted to a KBPO where, after hearing the evidence of both sides, a Justice of the Court of King’s Bench of Alberta determines that violence occurred.
Mutual No Contact Orders
At the review of another type of No Contact Order, the Court of King’s Bench of Alberta may decide that the initial Order isn’t necessary (perhaps the grounds for the initial Order were mitigated in the meantime, or the evidence is conflicting). If the parties do not wish to have an oral hearing, or the Court still has concerns, the Justice may issue a Mutual No Contact Order, which serves to keep both people away from each other.
Oakley Family Law goes above and beyond all expectations. As a man dealing with a highly volatile divorce I was quite concerned with the back and forth trying to reach a resolution. Melissa and her team treated me like a family member putting concerns at ease and bringing me back to reality when I was rattled. The entire firm from the front desk to the founding lawyer’s office was casual, open and honest. Whether male or female, they will treat you like family and go above and beyond to meet all expectations. I can’t recommend them enough!
5 stars. – R. M., Google Reviews
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