What Happens If Someone Breaches a Protection Order in Alberta?

You may have an Emergency Protection Order or a King's Bench protection order, and the person it is aimed at has now called, messaged, or turned up at your home. That is frightening, and it is reasonable to wonder whether the order actually means anything.

This article explains in plain language what counts as a breach, when an order binds the other person, what the penalties are, and what to think about if your order is close to ending. If you are in immediate danger, contact police or RCMP right away.

This article covers the law of Alberta.

What counts as a breach

It is an offence to contravene or fail to comply with a protection order provision, or to obstruct someone who is enforcing it, as long as the person has actual notice of the provision. What counts as a breach depends on the wording of your order.

Where an Emergency Protection Order or a King's Bench protection order contains a no-contact term, it prohibits communication and contact by any means, including through a third party, unless the order says otherwise. So a message passed along by a friend or relative can be a breach, not only a direct call or text.

• Contact the order forbids, directly or through another person.
• Attending a place the order says the respondent must stay away from.
• Returning to a residence where you have been given exclusive occupation for a specified period.
• Ignoring other terms in your order, such as weapons or property conditions.

The actual notice rule

A protection order provision is not effective against a person unless that person has actual notice of it. In other words, the term binds the respondent once they know about it. Emergency orders are served under the regulations, and King's Bench protection orders are served under the Alberta Rules of Court.

This is why service matters. If you are unsure whether the other person has been told about the order, it is worth asking police or a lawyer how that is confirmed in your situation.

Penalties for breaching an order

The penalties increase with repeat offences.

There is one exception. This offence does not apply to a reimbursement provision under s. 4(2)(d) of a King's Bench protection order. If the court ordered the respondent to repay your losses, such as medical, moving, accommodation or legal costs, that is not enforced through this offence.

Police powers and other kinds of orders

A peace officer may arrest without a warrant anyone the officer reasonably believes has committed the offence of contravening a protection order. Alberta.ca also notes that breaching an Emergency Protection Order can carry civil or criminal penalties.

A family violence restraining order is a different order. It is made in the Court of King's Bench without notice, for people who have lived together in a relationship and fear for their physical safety, and it usually lasts 3 months. Alberta.ca says a breach of a restraining order can lead to arrest. Check which kind of order you have, because the rules above apply to protection orders under the Protection Against Family Violence Act.

A peace bond is another option, started by police, and it can last up to a year.

When your order is close to expiring

A protection order lasts for the duration the judge considers appropriate and may not exceed one year unless extended. The Court of King's Bench may extend it on application, for periods of up to one year each.

An Emergency Protection Order is different at first, because it must come back for review by the Court of King's Bench no later than 9 working days after it is granted. What happens to it then depends on the review outcome.

If you want an order to continue, do not wait until the last day. Check the end date on your order and speak with a lawyer or legal aid about applying for an extension in good time.

What to do next

• If you are in danger now, call police or RCMP.
• Keep a copy of your order where you can reach it quickly.
• Read the terms carefully, including any no-contact and place restrictions.
• Note the end date and any review date.
• Ask a lawyer how the other person's notice of the order can be confirmed.
• If the order is nearing expiry, ask about an extension application.

If you are worried about your location being shared, court clerks must keep a claimant's location confidential unless the claimant consents. A lawyer can confirm how these rules apply to your facts.

Frequently asked questions