- A King's Bench protection order requires a finding of family violence but not the immediate-danger urgency of an EPO, and it is normally sought on notice to the other person.
- It can go further than an EPO, including reimbursement of losses, temporary possession of property and counselling.
- A protection order may not exceed one year unless extended, and breaching it is generally an offence if the person has actual notice, except for a reimbursement provision under s. 4(2)(d) of a King's Bench protection order.
An emergency protection order is a short-term step. If yours is coming up for review, or you need protection that lasts longer, you will likely hear about a King's Bench protection order. Older guides call this a Queen's Bench order, but the court is now the Court of King's Bench.
This article explains what that order is, how it differs from an EPO, what it can include, and how to move forward. It is general information, so a lawyer can confirm how it applies to you.
This article covers the law of Alberta.
What a King's Bench protection order is
A King's Bench protection order can be granted under the Protection Against Family Violence Act 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 respondent. It is applied for directly in the Court of King's Bench and suits situations less urgent than an EPO.
Family violence under the Act 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 order is for family members, a group that includes current or former spouses and partners and people who have lived together in an intimate relationship.
How it differs from an EPO
| Point | EPO | King's Bench protection order |
|---|---|---|
| Test | Immediate protection is needed because of seriousness or urgency | Family violence found; no immediate-danger urgency required |
| Notice | Granted without notice | Normally sought on notice |
| Where | Court of Justice or justice of the peace | Court of King's Bench |
| Review | Must be reviewed within 9 working days | Duration set by the judge |
The two are linked. At the review of an EPO, the King's Bench justice may confirm it, making it a King's Bench order, or revoke it and grant a King's Bench protection order.
What the order can include
A King's Bench protection order can be broader than an EPO. Possible terms include the following.
- No contact or association.
- Exclusive occupation of the residence for a specified period.
- Reimbursement of monetary losses from the violence, such as medical, moving, accommodation and legal costs.
- Temporary possession of specified personal property, such as a vehicle, keys or identification.
- Restraints on taking or damaging property.
- A bond to secure compliance.
- Counselling for the respondent, or for a child without the respondent's consent.
- Weapons seizure, and any other provision the Court considers appropriate.
No contact means communication and contact by any means, including through a third party, unless the order says otherwise. An order does not change ownership or title to property, and a landlord cannot evict you solely because you are not a party to the lease.
Length, notice and enforcement
A protection order lasts as long as the judge considers appropriate. It 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.
A provision is not effective against a person unless they have actual notice of it, and King's Bench protection orders are served under the Alberta Rules of Court. It is an offence to contravene a protection order provision if the person has actual notice. For a first offence the penalty is a fine of up to $5,000, or up to 90 days' imprisonment, or both. A peace officer may arrest without warrant anyone reasonably believed to have committed the offence. The reimbursement provision is the exception, since the offence does not apply to it.
Court clerks must keep your location confidential unless you consent, and hearings may be closed and publication banned.
What to do next
- If your EPO has a review date, plan to attend or confirm what will happen, since the review can go ahead whether or not either person attends.
- Gather records of the violence and of any losses, such as medical, moving, accommodation or legal costs, if you may ask for reimbursement.
- Ask a lawyer whether to apply directly in the Court of King's Bench, because it is normally on notice to the other person.
- To end or change an order that has a review date, attend court on that date and explain why. An affidavit may be needed.
- If there is no review date, apply to the court and arrange for the other party to be served.
- Do not file a frivolous or vexatious complaint with malicious intent, since the Act prohibits it.
If you are in immediate danger, call police or RCMP rather than waiting for a court process.
Frequently asked questions
Is a King's Bench protection order the same as a Queen's Bench order?
Yes in practice.
Does the other person get notice of the application?
Normally yes. A King's Bench protection order is normally sought on notice to the respondent, unlike an EPO, which is granted without notice.
How long does it last?
The judge decides the length, but it may not exceed one year unless extended. The Court may extend it on application for periods of up to one year each.
What if the other person breaks the order, and is every breach an offence?
If they have actual notice, breaching a protection order provision is an offence, except for a reimbursement provision under s. 4(2)(d) of a King's Bench protection order. A peace officer may arrest without warrant someone reasonably believed to have committed it.
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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