- An emergency protection order takes effect immediately, and its Court of King's Bench review date must be set no later than 9 working days after it is granted.
- At the review, the judge can revoke the order, direct an oral hearing, confirm it, or replace it with a King's Bench protection order.
- A protection order may not last longer than one year unless the Court of King's Bench extends it, in periods of up to one year each.
If a judge or justice of the peace has just granted you an emergency protection order (EPO), you probably have one urgent question: how long does it last? The answer has two parts. There is a short first stage that ends with a mandatory court review, and then a longer stage that depends on what the judge decides at that review.
This article explains the timeline in plain language, what the review involves, and how an order can be extended, changed or replaced. It is general information about Alberta law, not advice on your own case.
This article covers the law of Alberta.
The first stage: from the order to the review
An EPO takes effect immediately, although a protection order provision is not effective against a person until that person has actual notice of it. It is granted without notice to the other person, so the other person may not know about it until it is served.
The order must set a review date in the Court of King's Bench. That date must be no later than 9 working days after the order is granted. Think of the 9 working days as a maximum for when the review happens, not as the full length of the order. How long protection continues after that depends on the outcome of the review.
What happens at the review
The justice who granted the EPO must immediately send the order and all supporting documents to the Court of King's Bench. At the review, a King's Bench justice considers all the evidence that was before the original justice and may allow additional evidence.
The review can go ahead whether or not either person attends. Even so, it is sensible to find out the date and time and to think about whether you want to be there.
- Revoke the order.
- Direct an oral hearing.
- Confirm the order, which makes it a King's Bench order.
- Revoke the EPO and grant a King's Bench protection order instead.
How long a protection order can last
Under the Protection Against Family Violence Act, a protection order lasts for the duration the judge considers appropriate. It may not exceed one year unless it is extended.
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. That is why an EPO is often described as the short-term step and a King's Bench protection order as the longer-term one.
Extending, changing or ending an order
The Court of King's Bench may extend a protection order on application, for periods of up to one year each. If you think you will still need protection as the end date approaches, do not wait until the last day to look into it.
To end or change an order that has a review date, you attend court on that date and explain why. An affidavit may be needed. If there is no review date, you apply to the court and arrange for the other party to be served.
| Situation | What the law says |
|---|---|
| EPO just granted | Takes effect immediately; review within 9 working days |
| After the review | Judge may revoke, direct a hearing, confirm, or replace with a King's Bench order |
| Protection order length | Judge decides, up to one year unless extended |
| Extension | Court of King's Bench, up to one year each time |
What to do next
While an order is in place, the other person can be charged if they know about it and break it. A first offence carries a fine of up to $5,000, or up to 90 days' imprisonment, or both. A peace officer may arrest without warrant someone the officer reasonably believes has contravened a protection order.
- Write down the review date and the court location, and keep a copy of the order with you.
- Keep any documents that support your situation, as the judge may allow additional evidence.
- Note the end date of any protection order and diarize a reminder well before it.
- If the other person contacts you, call police and keep a record of what happened.
- Speak with a lawyer if you want help with the review, an extension or a change to the order.
Frequently asked questions
Is the 9 working days the full length of an EPO?
No. The 9 working days is the latest the Court of King's Bench review date can be set after the order is granted. What happens afterward depends on the outcome of the review, when the judge may revoke, confirm or replace the order.
Do I have to go to the review?
The review can take place whether or not either party attends. Still, attending lets you explain your situation, and the judge may allow additional evidence.
Can a protection order be extended?
Yes. A protection order may not exceed one year unless extended, and the Court of King's Bench may extend it on application for periods of up to one year each.
What if I want the order changed or cancelled?
If the order has a review date, you attend court on that date and explain why, and an affidavit may be needed. If there is no review date, you apply to the court and arrange for the other party to be served.
Sources
- Alberta King's Printer – Protection Against Family Violence Act, RSA 2000, c P-27 — kings-printer.alberta.ca
- Alberta.ca – Restraining and protection orders — alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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