King's Bench Protection Orders in Alberta: What They Are

If you have read about a Queen's Bench protection order in Alberta, you have found the same type of order that is now made by the Court of King's Bench. The court's name changed, and the Protection Against Family Violence Act uses the current name.

This article explains how a King's Bench protection order differs from an emergency protection order, when it might fit your situation, and what it can include.

This article covers the law of Alberta.

What it is and how it differs from an EPO

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 respondent.

An EPO can also be replaced by a King's Bench protection order at the review.

Who it is for and what counts as family violence

Family violence includes intentional or reckless acts 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.

Family members include current or former spouses, current or former adult interdependent partners, people who have lived together in an intimate relationship, parents of a child, relatives by blood, marriage or adoption, and children in a family member's care.

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.

What a King's Bench protection order can include

• No contact or association.
• Exclusive occupation of the residence for a specified period.
• Reimbursement of monetary losses from the violence, including 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.

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

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.

An order is not effective against a person who does not have actual notice of it. King's Bench protection orders are served under the Alberta Rules of Court.

If someone with notice breaks the order, it is an offence. A first offence can bring a fine of up to $5,000, up to 90 days' imprisonment, or both. A second offence carries 14 days to 18 months, and a third or later offence carries 30 days to 24 months. The offence does not apply to the reimbursement provision. Police can arrest without a warrant if they reasonably believe the offence was committed.

Court clerks must keep your location confidential unless you consent, and hearings may be closed and publication banned.

How it fits with property, other orders and parenting

A protection order does not change ownership or title to property. A landlord also cannot evict a claimant solely because the claimant is not a party to the lease.

A family violence restraining order is a different order. It is made in the Court of King's Bench without notice for people who have lived together in a relationship and fear for their physical safety. It is not for property, parenting or custody disputes, and it usually lasts 3 months, or is permanent if necessary.

Family violence can also matter in parenting decisions. Under the Family Law Act, the court must ensure the greatest possible protection of the child's physical, psychological and emotional safety, and must consider any family violence. Family violence must be established on a balance of probabilities. For married spouses seeking or granted a divorce, the Divorce Act has the court give primary consideration to the child's safety, security and well-being and consider any family violence.

To end or change an order that 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.

What to do next

• If you are in immediate danger, contact local police or RCMP and ask about an EPO, which can be granted without notice when immediate protection is needed.
• Write down dates and details of the family violence.
• List the losses you want reimbursed, such as medical, moving and accommodation costs.
• Decide which terms you need, such as no contact, possession of keys or identification.
• Speak to a lawyer about preparing the application and arranging notice.

Making a frivolous or vexatious complaint with malicious intent under the Act is prohibited, so keep your information accurate and honest.

Frequently asked questions