Can You Get an EPO Without Going to Court in Alberta?

If you are afraid of someone in your family, the idea of walking into a courtroom may feel impossible. In Alberta, an emergency protection order (EPO) is designed for urgent situations, and there are ways to apply that do not involve being in the same room as the other person.

This article walks through how the without-notice and phone process generally works, who hears it, and what to expect. Hours, phone numbers and forms can change, so confirm them with the Alberta Court of Justice before relying on them.

This article covers the law of Alberta.

Do you have to face the other person?

A justice of the Court of Justice or a justice of the peace may grant an EPO without notice to the respondent. That means the other person is not told in advance and does not take part in the application.

To qualify, family violence must have occurred, you must have reason to believe it will continue or resume, and the order must be needed for immediate protection because of the seriousness or urgency of the circumstances. Court clerks must keep your location confidential unless you consent, and hearings may be closed and publication banned.

Who can apply, and who cannot

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 for the person.

Family violence includes intentional or reckless acts that cause injury or property damage and intimidate or harm a family member, threats that create a reasonable fear of injury or property damage, forced confinement, sexual abuse and stalking. Family members include current or former spouses, adult interdependent partners, people who have lived together in an intimate relationship, and parents of a child.

If you need protection but are not experiencing family violence, an EPO is not the right tool, and Information Services can point you to other options.

Ways to apply

Legal Aid Alberta provides EPO duty counsel at the Edmonton Law Courts and the Calgary Court Centre.

How the phone process works

The hearing office you call depends on where you live. Edmonton covers areas north of Wetaskiwin (1-780-422-3699). Calgary covers Wetaskiwin and south and handles all of Alberta overnight (1-403-297-4444).

• Complete the online Claimant Screening form and print it as a PDF.
• Email it 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.

You must answer that call, because the courtroom can only make outgoing calls and cannot call you back after a missed call. If the form shows you do not qualify for the by-phone route, you are told by email and must apply through police or RCMP, Legal Aid Alberta, or an Alberta Court of Justice.

After the order is granted

An EPO takes effect immediately, and the order must set a Court of King's Bench review date no later than 9 working days after it is granted. That review can go ahead whether or not either person attends.

A protection order provision is not effective against a person unless that person has actual notice of it. Contravening it with notice is an offence, and a peace officer may arrest without warrant.

• Keep your phone on and charged, and answer unknown or blocked numbers while you wait for the call.
• Have your government-issued ID ready to copy front and back.
• Think about where you can safely wait, including any place you can stay.
• Note the review date and keep a copy of the order with you.
• Ask about legal help if you want support with the review.

Frequently asked questions