Alberta > Protection Against Family Violence Act:Why would I use a protection order under the Protection Against Family Violence Act rather than a restraining order or peace bond?The kind of order that you apply for will depend upon the circumstances you are in when you need the order, and possibly the status of any other proceedings you may have with the court, such as divorce or custody matters. The Protection Against Family Violence Act allows access to a judge or justice 24 hours a day to obtain an emergency protection order with an automatic review by a Queen's Bench judge within seven days. Free legal assistance is available for the review process from Legal Aid. The Queen's Bench judge can make extensive orders under the Act including the repayment of monetary losses due to family violence, occupation of the home, and preserving specified property. The protection order can provide for arrest without a warrant. Applications for protective orders under the Act can only be made by or on behalf of a family member as defined in the Act. Peace bonds can also provide protection, but can take longer to obtain. Under a peace bond, which is obtained pursuant to the Criminal Code, a judge can make an order about possession of firearms, non-attendance at certain premises, and non-communication. A restraining order can only be obtained during court hours and can often require the assistance of a lawyer. It might be convenient to apply for a restraining order if you already have a court action in progress for divorce or custody issues. It is possible to apply for a restraining order by yourself. There are self-help kits available from Alberta Justice, see www.albertacourts.ca and follow the links through Court of Queen's Bench, Family Justice Services, Family Law Information Centre and Booklets. It is possible to apply for a restraining order against someone who is not a family member as defined by the Protection Against Family Violence Act. A breach of a restraining order can only be dealt with by the civil court through a citation for civil contempt.
July 2003 |
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