Calgary Family Lawyers Assisting With Emergency Protection Orders & Restraining Orders
Family violence issues can arise at any time. At DBB Law, our experienced family and divorce lawyers act quickly and use all available resources to advocate for the extension or removal of an Emergency Protection Order (“EPO”) (also known as a “restraining order”). We help clients who urgently require an EPO, who have already obtained one, and need to change an EPO, and those served with an EPO.
An Emergency Protection Order is typically obtained by an applicant who has been a victim of family violence. It is an emergency measure used to temporarily restrain the perpetrator of violence from contacting or attending the same places as the protected individual. We help individuals determine whether their circumstances meet the legal requirements to obtain a temporary protection order and provide guidance through the protection process. Our family law lawyers also advise on the application and cancellation of an Emergency Protection Order at any time during its term.
If an individual has been served with an Emergency Protection Order, our lawyers can advise on the potential options available. These include negotiating or consenting to the terms of the Order or contesting the Order in its entirety. When dealing with Emergency Protection Orders, time is of the essence. Before the review date, it is vital to seek legal advice from an experienced family law lawyer to ensure that your side of the story is effectively conveyed and decisive action is taken to avoid reputational or other damage.
Emergency Protection Orders (EPO) vs. King’s Bench Protection Orders (KBPO)
Emergency Protection Orders (EPO) provide protection on an urgent, emergency basis. They can be granted without advance notice to the alleged perpetrator (family member). An EPO is reviewed by the court after nine (9) days, after which time it will stay in place until its expiry date.
By contrast, an application for a King’s Bench Protection Order (KBPO) must be served on the responding family member who is the subject of the order. The matter is heard before the Court of King’s Bench in Alberta. A KBPO may have broader requirements and last longer than an Emergency Protection Order. A person who is ineligible for an EPO may instead be granted a KBPO.
Once a judge has granted an Emergency Protection Order, it will remain in effect for the duration set out in the EPO unless it is turned into a King’s Bench Protection Order or terminated.
Our team can help with subsequent steps, such as providing our clients and their children with resources to find a safe space, prepare a safety plan, and explore additional assistance, such as financial help and counselling.
A long-term plan may also include amendments to any existing orders relating to separation or divorce, parenting time and decision-making responsibility of children. Additional assistance from the courts may also be required, depending on the unique circumstances of each case.
DBB Law in Calgary Provides Proactive and Timely Advice on Emergency Protection Orders/Restraining Orders
The knowledgeable family and divorce lawyers at DBB Law provide swift, forward-thinking advice to individuals and their children who have experienced family violence and require legal protection from a perpetrator of violence. We also advise those who have been served with an Emergency Protection Order to help mitigate reputational fallout and unfair restrictions.
Family violence can occur in any setting. It is critical to seek advice from an experienced lawyer as soon as possible to ensure you are empowered to make an informed decision regarding your safety. To speak with a family lawyer regarding an Emergency Protection Order, contact us online or at 403-265-7777.