A: Persons experiencing family violence, in Alberta, may be able to obtain an Emergency Protection Order (EPO) – cost free. An EPO may be granted by a Provincial Court Judge or a designated Justice of the Peace (Judge) in emergency situations when he or she is satisfied that family violence has occurred and is likely to continue. The Judge decides what an emergency is, not the applicant. If the Judge decides that the applicant needs immediate protection an EPO will be granted.
EPO’s are available 24 hours a day. To apply for an EPO between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, applicants must go to the Provincial Court open in their area. To apply for an EPO between the hours of 4:00 p.m. and 9:00 a.m. evenings, or on weekends and statutory holidays applicants must go to their local police detachment and have a police officer or victim services worker help them apply for an EPO in person or by telephone through the Bail Hearing Offices in Calgary or Edmonton. If there is no local provincial court available, the Hearing Offices provide 24 hour coverage via your local police detachment.
If an EPO is granted, the person named in the order can be prohibited from contacting the applicant in any form whatsoever and from going to the applicant’s residence or place of work. Other conditions can be imposed if the Judge decides they are necessary.
If an EPO is granted the Courts expect that the applicant will make every effort possible to not contact the person who is named in the order.
EPOs do not last forever. An EPO will include a date when it will be reviewed by a Justice in the Court of Queen’s Bench. The reviews will occur within 9 working days. The hearing will proceed with or without either of the parties attending. Both the applicant and the respondent, or their lawyers, are expected to attend that hearing. If the applicant, or applicant’s lawyer, does not attend that hearing the EPO will be cancelled. Legal Aid Alberta will provide a lawyer to either party for the initial Queen’s Bench hearing.
At the review, the Queen’s Bench Justice may cancel the EPO, order a hearing so that the person named in the EPO can tell his or her side of the story, extend the EPO for a longer period of time, or grant a Queen’s Bench protection order. The Justice can vary the terms of the EPO too.
Legislation
Protection Against Family Violence Act, R.S.A. 2000, c. P-27
http://www.canlii.ca/en/ab/laws/stat/rsa-2000-c-p-27/latest/rsa-2000-c-p-27.html
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