- An emergency protection order is for immediate danger and is granted without notice, while a King's Bench protection order is for less urgent situations and needs notice.
- A family violence restraining order is a different order, made in the Court of King's Bench without notice and usually lasting 3 months.
- A peace bond is a separate, police-initiated option that can last up to a year.
If you fear someone, you may hear terms like restraining order, protection order and peace bond used as if they mean the same thing. In Alberta they are different orders, with different courts, different starting points and different lengths.
This article compares them in plain language so you can see which may fit your situation. It is general information, and a lawyer can confirm which route suits your facts.
This article covers the law of Alberta.
The orders at a glance
| Order | Court and notice | Typical use |
|---|---|---|
| Emergency protection order (EPO) | Court of Justice, without notice | Family members facing immediate danger |
| King's Bench protection order | Court of King's Bench, with notice | Situations less urgent than an EPO |
| Family violence restraining order | Court of King's Bench, without notice | People who have lived together and fear for their physical safety |
| Peace bond | Police-initiated | Separate option that can last up to a year |
Older guides may say Queen's Bench. The court is now the Court of King's Bench.
Emergency protection orders
An EPO can be granted without notice if family violence has occurred, you have reason to believe it will continue or resume, and immediate protection is needed because of the seriousness or urgency of the circumstances. It must be reviewed by a judge within 9 working days.
It can restrain contact, give you exclusive occupation of the residence for a specified period, provide for police removal of the other person, and allow seizure of weapons. Only the person at risk and family members can apply, and police sometimes apply for the person.
King's Bench protection orders
A King's Bench protection order may be granted if the justice finds you have been the subject of family violence. It does not need the immediate-danger urgency of an EPO and is normally sought on notice to the other person.
It can include no contact, exclusive occupation of the residence, reimbursement of monetary losses from the violence, temporary possession of property such as a vehicle, keys and identification, a bond to secure compliance, weapons seizure and other provisions the Court considers appropriate. It lasts as long as the judge considers appropriate, up to one year unless extended.
Restraining orders and peace bonds
A family violence restraining order 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 usually granted with no filing fee, often the same day, with a review date. It is not for property, parenting or custody disputes, and it usually lasts 3 months, or is permanent if necessary.
A peace bond is a separate option that police initiate and that can last up to a year. Whether one is available depends on the circumstances, and police or a lawyer can explain the process.
Separately, an exclusive home possession order is available to separating couples, married or not, and is not based on violence. It turns on who would be most inconvenienced or the children's best interests, and a $200 fee applies if no property division action has started.
Enforcement, and what happens if an order is broken
Under the Protection Against Family Violence Act, it is an offence to contravene or fail to comply with a provision of an EPO or a King's Bench protection order if the person has actual notice of it, except that the offence does not apply to a reimbursement provision under s. 4(2)(d) of a King's Bench protection order. For those orders, 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. A peace officer may arrest without a warrant someone reasonably believed to have committed the offence.
Alberta.ca says a restraining order breach can lead to arrest. The Protection Against Family Violence Act also prohibits making a frivolous or vexatious complaint with malicious intent.
Choosing and next steps
- Immediate danger and no time to give notice: an EPO may fit
- Violence has happened but is less urgent: a King's Bench protection order may fit
- You have lived with the person and fear for your physical safety: ask about a family violence restraining order
- Police-led option: ask about a peace bond
Keep copies of any order, note review dates, and ask a lawyer which route suits your facts. To end or change an order with a review date, attend court on that date and explain why, and an affidavit may be needed. If there is no review date, apply to the court and arrange for the other party to be served.
Frequently asked questions
Is a restraining order the same as an EPO?
No. An EPO is made in the Court of Justice without notice and is reviewed within 9 working days. A family violence restraining order is made in the Court of King's Bench and usually lasts 3 months.
How long does a peace bond last?
Alberta.ca says a peace bond is a police-initiated option that can last up to a year.
Does the other person get notice before an order is made?
For an EPO and a family violence restraining order, no. A King's Bench protection order requires notice to the other party.
What happens if someone breaks the order?
Contravening a protection order provision with actual notice is an offence, except for a reimbursement provision under s. 4(2)(d) of a King's Bench protection order, and police may arrest without a warrant. Penalties for a first offence include a fine of up to $5,000, up to 90 days' imprisonment, or both.
Sources
- Alberta King's Printer – Protection Against Family Violence Act, RSA 2000, c P-27 — kings-printer.alberta.ca
- Alberta.ca – Apply for an Emergency Protection Order — 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.
This is a family law question
An uncontested divorce with us is from $1,678.95, tax included. Third-party fees are extra.