Pafva-05

Last Saturday night my husband came home drunk at 1 a.m. and started arguing, threatening and hitting me. I waited until Sunday morning and left the house. I went to a shelter where the staff told me that I do not have to wait until the courts are open on Monday to get a restraining order. Instead I can get an emergency protection order at any time. Is this right?

Yes, the Protection Against Family Violence Act provides for a type of order called an emergency protection order. An emergency protection order can be requested at any time from a provincial court judge or justice of the peace. The order can be requested during the night, on weekends, as well as during normal daytime hours. In an emergency situation you can call the police at 911. When they arrive you can explain to them that you would like them to apply for an emergency protection order on your behalf. It will be up to the police to decide if they are going to do this or not.

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July 2003

see also:

• National: Family Violence

Other Family-Related FAQs:

• Adoption Records in Alberta
• Family Law Act
• Marriage

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