How to Get an Emergency Protection Order in Alberta

If a family member has hurt or threatened you and you are afraid it will happen again, you may need protection quickly. An emergency protection order (EPO) is the Alberta process built for that situation. This article walks through who can apply, how to apply, and what follows.

If you are in danger right now, contact your local police or RCMP straight away. This article explains how things generally work and is not a substitute for advice about your own situation.

This article covers the law of Alberta.

Who can get an EPO

A justice of the Court of Justice or a justice of the peace may grant an EPO without notice to the respondent 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 how serious or urgent things are. Only the person at risk and family members can apply, and in some cases police will apply for you.

The "family member" test is broad. It includes current or former spouses, current or former adult interdependent partners, people who have lived together in an intimate relationship, parents of a child, and relatives by blood, marriage or adoption.

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

What counts as family violence

The Act covers intentional or reckless acts or omissions that cause injury or property damage and intimidate or harm a family member. It also covers threats that create a reasonable fear of injury or property damage, forced confinement, sexual abuse and stalking. Reasonable force used by a parent or guardian to correct a child is excluded, as long as it does not exceed what is reasonable in the circumstances.

How to apply

Legal Aid Alberta provides EPO duty counsel at the Edmonton Law Courts and the Calgary Court Centre. The Edmonton hearing office covers areas north of Wetaskiwin (1-780-422-3699). The Calgary office covers Wetaskiwin and south and handles all of Alberta overnight (1-403-297-4444). Hours and numbers can change, so confirm them with the Alberta Court of Justice.

Applying by phone

• 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. Answer that call, because the courtroom can only make outgoing calls and cannot call back after a missed call.

If the form shows you do not qualify for the phone route, you are told by email and must apply through police or RCMP, Legal Aid Alberta, or an Alberta Court of Justice.

What the order can do and what happens next

An EPO can restrain the respondent from attending specified places and from contacting you. It can give you exclusive occupation of the residence for a specified period, whether or not the home is jointly owned or leased. It can also provide for police removal of the respondent, police-supervised retrieval of belongings, and seizure and storage of weapons used or threatened.

The order takes effect immediately, subject to the rule on notice, and must set a Court of King's Bench review date no later than 9 working days after it is granted. A protection order provision is not effective against a person until that person has actual notice of it. Contacting you by any means, including through a third party, is prohibited under a no-contact term unless the order says otherwise.

What to do next

• Contact police or RCMP right away if you are in immediate danger.
• Gather government-issued ID and any messages, photos or records that show what happened.
• Choose your route based on the time of day: police, court or hearing office.
• Write down the review date and plan to attend or prepare for it.
• Keep a copy of the order with you, and speak with a lawyer about parenting, property or longer-term protection.

Frequently asked questions