What Is a King's Bench Protection Order in Alberta and How Is It Different From an EPO?
This answer covers the law of Alberta.
A King's Bench protection order is a court order under Alberta's Protection Against Family Violence Act for someone who has been the subject of family violence, and it is meant for situations less urgent than an emergency protection order (EPO). Older guides call it a Queen's Bench order, but the court is now the Court of King's Bench.
Unlike an EPO, it does not require immediate danger, and it is normally sought on notice to the other person, by applying directly in the Court of King's Bench. If you have an EPO, its review date is set no later than 9 working days after it is granted, and the justice may confirm or replace it. The order can include no contact, exclusive occupation of the home for a set period, repayment of losses caused by the violence, temporary possession of items like a vehicle or keys, and weapons seizure.
A protection order lasts as long as the judge considers appropriate, up to one year unless the Court extends it, and extensions are up to one year each. It only binds someone who has actual notice of it. Which terms fit your situation depends on the facts, so a lawyer can help you confirm them.
Key takeaways
- A King's Bench protection order is for someone who has been the subject of family violence and does not require the immediate-danger urgency of an EPO.
- It is applied for directly in the Court of King's Bench and normally requires notice to the other person.
- It can include no contact, exclusive occupation of the residence for a specified period, repayment of losses, temporary possession of property and weapons seizure.
- It may not last longer than one year unless the Court of King's Bench extends it, and it only binds a person who has actual notice of it.