Emergency Protection Orders are available 24 hours a day and are free of cost. Emergency Protection Orders are granted by Provincial Court Judges or Justices of the Peace. To apply for an Emergency Protection Order in Edmonton or Calgary during
court hours (which are between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday), Claimants should go to the Provincial Court where they will
have the opportunity to meet with Duty Counsel. To apply for an Emergency
Protection Order between the hours of 4:00 p.m. and 9:00 a.m., on weekends and
statutory holidays, or if the provincial court is not available or accessible,
Claimants in Edmonton and Calgary can attend at the Bail Hearing Office. Claimants in other areas can go to their local police detachment and ask a police officer or victim services worker to help them apply for an Emergency Protection Order by telephone. The Claimant will be required to explain to the Judge or Justice of the Peace why they think they need an Emergency Protection Order.
If the Judge or Justice of the Peace is satisfied that an Emergency Protection Order meets the requirements and is necessary, one will be granted. However, the Emergency Protection Order will include a date within nine working days when it will be reviewed by a Justice in the Court of Queen's Bench. The Respondent should be provided with a copy of the Emergency Protection Order by the police before the review date so they have the opportunity to give their side of the story about whether or not an Emergency Protection Order was appropriate. Both the Claimant and the Respondent, and/or their lawyers, are expected to attend the review hearing, however, the hearing will proceed with or without either of the parties attending. Legal Aid Alberta will provide a lawyer to either party for the initial Queen's Bench review hearing regardless of their incomes.
At the review, the Queen's Bench Justice may cancel the Emergency Protection Order, order a hearing so that both parties can tell their story, extend the Emergency Protection Order for a longer period of time, or grant a Queen's Bench Protection Order (QBPO). The Justice can also change the terms of the Emergency Protection Order in appropriate circumstances.
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