What Is an Emergency Protection Order (EPO) in Alberta?

When someone is experiencing family violence or fears for their safety within a domestic relationship, Alberta’s legal system offers several tools for protection. One of the most urgent and powerful tools available is the Emergency Protection Order (EPO). These orders are designed to offer immediate legal protection and restrict the abusive individual’s contact or proximity to the victim.

Understanding Emergency Protection Orders

An Emergency Protection Order (EPO) is a court order designed to provide immediate and short-term protection to individuals experiencing family violence. In Alberta, EPOs are governed by the Protection Against Family Violence Act (PAFVA).

The order is meant to address urgent situations where family violence has occurred and there is an imminent risk. The key objective is to provide immediate safety for the victim by placing legal restrictions on the alleged abuser.

EPOs are civil orders, not criminal charges. However, violating an EPO can result in criminal consequences, including arrest and charges.

What Qualifies as Family Violence?

The term “family violence” under Alberta law has a specific meaning. It includes not just physical harm, but also other forms of abuse that create fear or threaten personal safety. According to the PAFVA, family violence can include:

• Physical abuse of a family member
• Property damage that intimidates a family member
• Sexual abuse
• Conduct or threats that intimidate a family member into fearing injury or property damage
• Stalking or watching someone at their home, school, or workplace

The definition may also include exposure of children to such abuse, even if the child is not the direct target. This means EPOs can be obtained to protect both adults and children living in an abusive environment.

Who Can Apply for an Emergency Protection Order?

EPOs are available to “family members” of the person they seek protection from. This includes:

• Current or former spouses or adult interdependent partners (“common law” partners)
• Individuals who live or have lived together in an intimate relationship
• Parents of a child (including biological and adoptive parents)
• Children in the care and custody of a family member
• Any other person who is related by blood, marriage, or adoption
• People who reside together, where one has care and custody over the other

You do not need to be legally married or currently living with the abuser to qualify for an EPO. Importantly, a person can also apply for an EPO on behalf of a child or another vulnerable family member who cannot legally apply for themselves, such as an elderly parent who is subject to an active Power of Attorney or Guardianship and Trusteeship Order.

How to Apply for an EPO in Alberta

EPOs are intended for urgent circumstances. Applications can be made at any time of day, either in person or by telephone, through designated emergency procedures. Individuals seeking an EPO should review the Alberta government website for the correct contact information for the time of day they seek an EPO.

Here’s how the process typically works:

1. Contacting the Police or a Family Violence Prevention Centre

Often, police officers are the first point of contact. If they believe an EPO is necessary, they can assist in making the application immediately. Many women’s shelters and victim advocacy centres are also equipped to help individuals apply.

2. Appearing Before a Justice of the Peace

In most emergency cases, the application is heard by a Justice of the Peace over the phone. During regular business hours, applications are sometimes made before a Justice of the Alberta Court of Justice. If the Justice is satisfied that there has been family violence, it is likely to continue or resume, and immediate protection is necessary, they will grant the EPO.

3. Terms of the Order

An EPO may include a variety of conditions, such as:

• Ordering the respondent not to contact or communicate with the applicant
• Requiring the respondent to stay away from the applicant’s home, workplace, or school
• Giving the applicant exclusive possession of the family home, regardless of ownership
• Allowing a peace officer to remove the respondent from the home
• Ordering the seizure of a respondent’s weapons, including firearms

The respondent does not need to be present when the order is granted (known as an “ex parte order”).

What Happens After an EPO Is Granted?

Once an Emergency Protection Order is issued, it is enforceable as soon as it has been served on the respondent. Police officers will serve the respondent with a copy of the order and may remove them from the premises if required. The order typically lasts for a short period, usually until a mandatory review hearing occurs.

Under the PAFVA, a review hearing must be scheduled at the Court of King’s Bench within nine working days. This hearing gives both parties a chance to be heard and allows a judge to decide whether the EPO should be extended, changed into a King’s Bench Protection Order (a different form of order that addresses less urgent protection situations), or cancelled.

At this stage, both the applicant and the respondent are encouraged to obtain legal representation, as the review hearing is a formal court process with lasting implications.

What Are the Consequences of Violating an EPO?

An Emergency Protection Order is legally binding. If the respondent violates any of its terms, they may face criminal charges depending on their conduct, such as a breach of court order, criminal harassment, or assault charges.

Violating an EPO can result in arrest, fines, and imprisonment. The police treat breaches of protection orders seriously, and applicants are urged to call 911 immediately if they believe the respondent has violated the order.

What if I Am Wrongfully Named in an EPO?

While Emergency Protection Orders are vital for protecting victims of family violence, there are cases where individuals are wrongfully named or where the allegations are exaggerated or misused, especially in high-conflict separations or parenting disputes.

If you are served with an EPO:

• Do not contact the applicant, even if you believe the order is unfair.
• Follow the terms strictly until the review hearing.
• Retain a family lawyer as soon as possible to help you prepare your case for the review hearing.

The review hearing is your opportunity to present evidence and testimony to challenge the order. If the judge finds that the EPO was issued without sufficient legal grounds, it may be revoked.

Can an EPO Affect Parenting and Arrangements?

Yes. An EPO can have a significant impact on family law matters, particularly parenting arrangements. If the order prohibits contact or access to a residence where a child lives, it may temporarily prevent a parent from seeing their child.

This is one reason why the review hearing is critically important. The judge can decide whether to remove the child from the EPO, allow limited contact to discuss parenting time or decisions, or allow the respondent to exercise parenting time pursuant to a subsequent court order.

At the review hearing, the court will not grant an order with respect to parenting time (access) or decision-making responsibility (custody) unless both parties agree. However, a respondent may be able to file a separate parenting application in family court while the EPO is in place.

The Benefit of Consulting a Lawyer in EPO Cases

Legal support is invaluable whether you seek protection or respond to an EPO. An experienced family lawyer can help victims present compelling evidence during a review hearing or represent respondents who believe the EPO is unjust or too restrictive. They can also help negotiate or modify the terms of the order and advise their clients on how an EPO may affect divorce, parenting, or property issues.

Contact DBB Law in Calgary for Trusted Advocacy in Family Violence Matters

Emergency Protection Orders serve as a critical safety net for individuals facing family violence in Alberta. They provide immediate legal protection in urgent situations and can prevent further harm through enforceable court orders. The family lawyers of DBB Law understand the serious implications an EPO has for both parties and help clients navigate the process, ensuring their rights and safety are protected.

DBB Law is widely recognized across Alberta for delivering outstanding family law services. From our office in Calgary, we proudly represent clients throughout the province and create innovative solutions for resolving their family disputes. To book a confidential consultation, please contact us online or call 403-265-7777.