Protecting Yourself | A Stronger Me

If you are experiencing any type of domestic violence, you have the right to know your options to protect yourself.
In Alberta, there are no contact orders (also called protection orders) that you can apply for to protect yourself against the person causing you harm. There are different kinds of orders, depending on your situation. Below will explain the main differences so you can decide which order is right for you.

Clare's Law

Also called Alberta's Disclosure to Protect Against Domestic Violence Act, it allows Albertans at risk to find out if their partner has a history of domestic violence. Clare's Law is named after a young woman in the United Kingdom who was killed by her ex-boyfriend, who had a history of violence against women.
There are two processes for obtaining information under this law:

The Right-to-Know: This allows police to proactively tell a person at risk of their risk.
The Right-to-Ask: This allows a person who believes they are at risk to apply for information about their partner.

The police can provide the following information:

the level of risk assessed by the government based on the information provided in the application
relevant contextual information about the risk to the person
information about accessing social supports to help keep the person safe

*The person you're inquiring about will not know about your application for information

Emergency Protection Order (EPO)

As described in Alberta’s Protection Against Family Violence Act, this is a court order that helps protect Albertans from family members committing family violence against them. EPOs are for emergency and urgent situations and can order the person causing harm to stay away from you, stop contacting you, and move out of the family home. You can include your pet in an EPO.

You can apply for this order 24 hours a day, 7 days a week, and are eligible if all of the following are true:

A family member has committed family violence
You have reason to believe the person causing you harm will continue or resume carrying out the violence
The situation is serious or urgent such that you need a court order right away to protect you and your family

The family member that you are getting an order against will be served by the police, so it's important to consider the timing. For example, if you are planning to leave but don't want your partner to know yet, it might be advisable to wait until you have left.
The person causing harm will not receive notice of your application until they are served by the police, so the order comes into effect relatively quickly after you apply. On the other hand, because they do not receive notice and don't have a chance to have their say in court, the initial EPO is only valid for a couple of weeks. The respondent will then get a chance to argue it, and the judge will decide the length of validity going forward.
If you are experiencing physical violence, you should report it to the police and apply for an EPO. In this case, if the police lay charges, the police or a judge can place additional conditions, such as no-contact, that last far longer than the standard EPO conditions.

You can apply by contacting your local police station, Legal Aid Alberta, or in person at the nearest Court of Justice. The website has more information.

King's Bench Protection Order (KBPO)

This is a court order that helps protect Albertans from family members committing family violence. It can order the person causing harm to:

Stay away from you
Stop contacting you
Move out of the family home
Allow you to use certain property

It is described in Alberta’s Protection Against Family Violence Act, however, unlike an EPO, these court orders are for non-emergent situations; meaning you will have to give notice to the person causing you harm that you are applying for an order against them.

Apply by completing the form on the website and filing in person at a Court of King’s Bench.

Exclusive Possession Order

This order granted by the court allows someone the right to live in the family home while ordering others living there to leave. The court can grant exclusive possession to a person experiencing domestic violence and order the person causing harm to move out.

You can apply if:

you rent or own your home, even if your name is not on the lease or title of the home
your relationship has broken down

and

you and your partner cannot live peacefully together

There are different ways to apply for an Exclusive Possession Order depending if you are married or not, or in an adult interdependent partnership. An EPO or KBPO can also give you exclusive possession of the home.

Directions to apply based on your relationship status can be found on the website.

Restraining Order

A restraining order is a court order that orders someone to stay away from you and to stop contacting you.

Unlike an Emergency Protection Order or the King’s Bench Protection Order, the person named in the order does not have to be a family member. Additionally, if you are unable to get an EPO or KBPO, you may be able to apply for a restraining order. For example, if you are experiencing violence by a roommate, coworker, or an intimate partner that you do not live with.

The conduct does not have to be criminal or life-threatening to get a restraining order. Such conduct that may constitute an order can include:

a reasonable and legitimate fear for your or your children’s safety or property
conduct that threatens your reputation or privacy
conduct that is harassing, such as stalking or repeated phone calls

If you are in an emergent situation, you can apply during court hours without giving notice to the person causing you harm. In non-emergency situations, notice must be given to the person before the hearing.

For emergencies, fill out the Application for a Restraining Order Without Notice in a Family Law Situation form on the website, then file your forms in person at the Court of King’s Bench.

To apply for a non-emergency restraining order, fill out an Originating Application form on the website and file your documents in person at the Court of King’s Bench.

Peace Bond

A peace bond, or recognizance, is an order by a criminal court judge to keep the peace for up to one year. They can be used when a person seems likely to commit a criminal offence but there are no reasonable grounds to believe they actually committed the offence.
You can apply for a peace bond against someone that you fear may:

injure you, your partner or child, or your property, or
share an intimate image of you without your consent

A peace bond can take a long time to get so it may not be a good option if you need urgent help. You can apply by speaking to a police officer or through the criminal court division at any Court of Justice location in Alberta.

Mutual No-Contact Order

A mutual no-contact order or mutual restraining order names two or more people who are prohibited from contacting each other. These are common where there is evidence that both people have contributed to the conflict, and usually everyone named in the order agrees to the terms. It may include prohibiting texting, emailing, and social media contact, requiring a minimum distance from each other, and enforcement clauses that allow police to intervene if the order is violated. A disadvantage is that it can be very difficult to prove one person breached the order since both parties cannot have contact with each other.

Quick Answers
Is parenting time the same as custody?

The Divorce Act used to use the term custody to talk about legal guardianship of the children of a marriage. Now we use parenting time to talk about a parent's time with a child, and decision-making responsibility or the responsibilities of guardianship to talk about a parent's ability to make significant decisions for a child.

Will the family member causing harm know about the order?

No they will not know right away that you have applied for an EPO. You can apply for an EPO without notice to the respondent, meaning you do not have to tell the respondent beforehand that you are applying for an EPO.

However, an EPO is not enforceable until the respondent receives a copy of it. They must know what rules to follow. A police officer or other third party, like a process server, will give a copy to the respondent. Do not give a copy to the respondent yourself.

How long does an EPO last?
It can last for up to one year. The clock starts from either:

the date you get the EPO
the date of the review hearing, or
the date of an oral hearing

What's the difference between an EPO and a KBPO?
The main difference is that an EPO is for urgent and serious situations. If you're not eligible for an EPO, you may still be able to apply for a KBPO. Other differences include:
Notice: A KBPO requires you to let the respondent know and give a copy of your application to them. With an EPO, the respondent does not need notice that you're applying.

Application: A hearing is held in the Court of King's Bench for a KPBO. For an EPO, you can apply by phone or in person at the Court of Justice.

Rules of the Order: Terms can be added to the KBPO based on your situation, such as the person causing you harm must pay you for expenses incurred due to the violence. An EPO has set rules laid out in the order.

Validity: The KBPO stays in effect for up to one year and can be renewed after. An EPO is reviewed after 9 working days and remains in place until it expires.

How long is the KBPO good for?
The judge can grant this order for up to one year. The court can renew it for longer, but you should apply to renew your KBPO before it expires.

How long does the exclusive possession order last?
These orders are temporary, and the judge will decide how long the order should last depending on your situation.

What about household goods?
Household goods are personal property that is:

owned by one or both of you, and
used or enjoyed by one or both of you, or by the children residing in the family home, for transportation, household, educational, recreational, social or aesthetic purposes

It may include items such as a vehicle, a TV, or a BBQ. The court can order which goods stay at the family home.

What if one spouse or partner is not on title to the family home?
If your spouse or partner owns the property and you are not on the title, you can still apply for exclusive possession of the home. If you're renting, you can still make an application even if you're not listed on the rental agreement as a tenant.

How long is a restraining order good for?
A restraining order can be in place as long as necessary. Usually, it is valid for one year, but can be for longer, or permanently. The restraining order starts as soon as the court grants it, but the police cannot enforce the order against the respondent until the respondent has received a copy of it.

How long does a peace bond last?
A peace bond can last for up to one year. It cannot be renewed but you can apply for a new one where you will have to convince the judge that you still have reasonable grounds to believe you're at risk.

What if the family member cannot be found?
There are steps you can take if you're unable to find the family member and serve them with court documents. More information and options can be found on the Government of Alberta website.

What happens if the family member does not follow the order?
Call the police. It's important to always keep a copy of your EPO with you so you can show it to the police when necessary. The police will decide whether to arrest the person and charge them with breaching the order.

“It’s like being a prisoner on a desert island and seeing a boat. And the boat comes really, really, really close to you but then it goes… And every time the boat gets really, really close to you, you try to think of a way of sending a signal. But you got to be careful because if you send a signal, he’s there watching you and he knows when you're sending a signal.”
-“Stay with them”