Getting an Emergency Protection Order Without Going to Court in Alberta

If you are afraid of someone in your family, the thought of going to a courthouse can feel impossible. You may want to know whether you can ask for an emergency protection order (EPO) by phone, and whether the other person will be told before the order is made.

This article explains how the without-notice process works in Alberta, what the phone route involves, and what happens after an order is granted. It is general information, not advice for your situation.

This article covers the law of Alberta.

Can you apply without going to court?

In many cases, yes. An EPO can be granted by a justice of the Court of Justice or a justice of the peace without notice to the respondent, which means the other person does not take part in the first step. How you reach that justice depends on the day and time.

• Monday to Friday, 8:15 am to 4 pm: call local police or RCMP, or apply in person at an Alberta Court of Justice.
• Evenings (4 pm to 11 pm) and overnight (11 pm to 7 am): call police or RCMP at any time, or use the hearing office by phone.
• Weekends and statutory holidays, 8 am to 11 pm: the same options as evenings.

The phone route is not open to everyone. If your screening form shows you do not qualify for it, you are told by email and must apply through police or RCMP, Legal Aid Alberta, or an Alberta Court of Justice.

Who can apply, and what the justice looks for

An EPO can only be applied for by the person at risk and family members, and it is only granted in situations of family violence. In some cases police will apply for an EPO on the person's behalf.

The justice may grant an order if family violence has occurred, you have reason to believe it will continue or resume, and the order is needed for immediate protection because of the seriousness or urgency of the circumstances. Family violence includes any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a family member, as well as threatened acts that create a reasonable fear of injury or property damage, forced confinement, sexual abuse and stalking. The Act's idea of a family member is wide and includes current or former spouses, current or former adult interdependent partners, and people who have lived together in an intimate relationship.

The justice considers things such as the history of violence, controlling behaviour, whether the violence is repetitive or escalating, any immediate danger, and the best interests of children. Staying in a shelter, or the possibility of criminal charges, should not on their own prevent an order from being granted.

How applying by phone works

If you use the hearing office, the steps are set out by the province. Because they can change, confirm the details with the Alberta Court of Justice before relying on them.

• Complete the online Claimant Screening form and print it as a PDF.
• Email the PDF to the hearing office, with clear copies of the front and back of your government-issued ID.
• If the form qualifies, a justice of the peace phones you.
• Answer that call. The courtroom can only make outgoing calls and cannot call you back after a missed call.

Two hearing offices handle calls. Edmonton covers areas north of Wetaskiwin (1-780-422-3699), and Calgary covers Wetaskiwin and south and handles all of Alberta overnight (1-403-297-4444).

What happens after the order is made

An EPO takes effect immediately, subject to the rule on notice, and it must set a Court of King's Bench review date not later than 9 working days after it is granted. The justice who granted it must immediately send the order and supporting documents to the Court of King's Bench.

At the review, a King's Bench justice considers the evidence that was before the original justice and may allow more. The justice may revoke the order, direct an oral hearing, confirm it, or revoke it and grant a King's Bench protection order. This can happen whether or not either person attends.

An order can restrain the other person from attending specified places and from contacting you. It can also give you exclusive occupation of the home for a specified period, whether or not it is jointly owned or leased, and allow for police removal of the person and police-supervised retrieval of belongings. A no-contact term covers communication by any means, including through a third party, unless the order says otherwise.

A provision of an order is not effective against a person unless they have actual notice of it. Court clerks must keep your location confidential unless you consent.

What to do next

• If you are in immediate danger, call police or RCMP. They can be called at any time.
• Legal Aid Alberta provides EPO duty counsel at the Edmonton Law Courts and the Calgary Court Centre.
• Gather your ID, and write down what has happened and when, so you can answer questions clearly.
• If you need protection but are not experiencing family violence, an EPO is not available, and Information Services can point you to other options.
• Keep the order with you and plan for the review date, since the court may decide the matter whether or not you attend.

A lawyer can explain how the order fits with parenting, housing and other family law issues in your case.

Frequently asked questions