Exclusive Possession of the Home After Family Violence in Alberta

When family violence happens at home, many people feel they must be the one to leave. In Alberta, the law gives courts ways to let you stay in the home while the other person leaves, at least for a set time.

This article explains how emergency protection orders and King's Bench protection orders deal with exclusive possession, what it means for renters and owners, and a separate order that is not based on violence. It is general information, not advice on your situation.

This article covers the law of Alberta.

What exclusive possession means

Exclusive possession (also called exclusive occupation) means you live in the home and the other person does not, for a limited time. It is about who may be in the home now. It is not about who owns it, and it is not a final decision about the property.

A protection order does not change ownership or title to property. Questions about who owns or keeps the home are dealt with separately.

Through an emergency protection order

A justice of the Court of Justice or a justice of the peace may grant an EPO without notice if family violence has occurred, you have reason to believe it will continue or resume, and the order is needed for immediate protection.

An EPO can give you exclusive occupation of the residence for a specified period, whether or not the home is jointly owned or leased. Other terms available include:

• Restraining the other person from attending specified places and from contacting you.
• Police removal of the other person from the residence.
• Police-supervised retrieval of belongings.
• Seizure and storage of weapons used or threatened.

A no-contact term prohibits communication and contact by any means, including through a third party, unless the order says otherwise.

Through a King's Bench protection order

A King's Bench protection order may be granted if the justice finds you have been the subject of family violence. It does not require the immediate-danger urgency of an EPO, and it is normally sought on notice to the other person.

It can include exclusive occupation of the residence for a specified period, no contact, temporary possession of specified personal property such as a vehicle, keys or identification, and reimbursement of monetary losses from the violence, such as medical, moving, accommodation and legal costs.

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

Renters, owners and landlords

If you rent, tell your landlord only what you choose to, and keep a copy of the order handy. Whether other lease issues arise depends on your agreement, so it is worth getting advice.

A different option, and what to do next

A separate exclusive home possession order exists for separating couples, married or not, and it is not based on violence. Alberta.ca says it turns on who would be most inconvenienced or the children's best interests. It can be ex parte or on notice, and a $200 fee applies if no property division action has started. A family violence restraining order is different again, and it is not for property, parenting or custody disputes.

An order only protects you once the other person has actual notice of it. Contravening it with notice is an offence, with a first-offence fine of up to $5,000, or up to 90 days' imprisonment, or both.

• Keep a copy of any order with you and note its end date.
• Gather proof of your living arrangements, such as a lease or utility bills.
• Keep records of any contact after the order, and call police if the order is broken.
• Ask a lawyer which order fits your situation and how to deal with the property.

Frequently asked questions