What happens if someone breaks an Emergency Protection Order in Alberta?
This answer covers the law of Alberta.
Breaking an Emergency Protection Order is an offence in Alberta, and police can arrest the person without a warrant if they reasonably believe it happened. The offence applies when the person had actual notice of the order's provision, so whether and how the order was served matters.
Penalties depend on whether it is a first, second or later offence. A first offence can bring a fine of up to $5,000, up to 90 days in jail, or both. A second offence carries 14 days to 18 months in jail, and a third or later offence carries 30 days to 24 months. Obstructing someone who is enforcing the order is also an offence. The offence does not apply to a reimbursement term in a King's Bench protection order.
If someone contacts you or shows up, you can call police or the RCMP at any time of day. Contact includes messages and contact through a third party, unless the order says otherwise. Keep any messages, notes of dates and times, and other records you have, and give them to police. A lawyer can explain how the order's exact terms apply to what happened.
Key takeaways
- Contravening a protection order provision is an offence if the person had actual notice of it, and police can arrest without a warrant.
- A first offence can bring a fine of up to $5,000, up to 90 days in jail, or both, and penalties rise for second and later offences.
- No-contact terms cover contact by any means, including through a third party, unless the order says otherwise.
- You can call police or the RCMP at any time if someone contacts you or shows up, and keeping your own records of what happened is a sensible step.