About Family Violence | Protection Against Family Violence Act | Emergency Protection Orders | King’s Bench Protection Orders | Warrants Permitting Entry
See also Willownet.ca – a CPLEA website about violence and abuse laws in Alberta.
About Family Violence.
What is family violence?
Family violence is used to describe violence that happens within a family. It can include domestic violence, child abuse, elder abuse and more. However, family laws in Alberta define family violence in different ways when dealing with issues under those laws.
When talking about an Emergency Protection Order (EPO) or King’s Bench Protection Order (KBPO), family violence has the meaning given to it in the Protection Against Family Violence Act.
Canada’s Divorce Act and Alberta’s Family Law Act also define family violence for legal issues under those laws, including parenting and decision-making responsibility or guardianship issues.
Last Reviewed: January 2022
When does the court think about family violence when making decisions about children?
The court considers family violence when it makes decisions about parenting, decision-making responsibility and contact, and when it makes decisions about a person giving notice when moving.
Both Canada’s Divorce Act and Alberta’s Family Law Act list family violence as one of the factors for the court to consider when looking at the best interests of the child. The court must consider the impact of the family violence on the child and others, and whether the person causing harm can provide for the needs of the child.
Last Reviewed: January 2022
Can the court make a child spend time with someone who is causing family violence?
The court always makes decisions in the best interests of the child. Both Canada’s Divorce Act (for married people) and Alberta’s Family Law Act (for married and unmarried people) list family violence as a factor to consider when making a decision in the best interests of the children.
However, the court does not have to make a certain decision just because there is family violence. The court may still decide it is in the child’s best interests to spend time with a parent who is causing harm to others. The court may find the person causing harm may still be able to safely parent their children. The court can order safety measures for a parent’s time with the children, such as supervision, time together only in public places, or contact only by phone or video chat.
Read more about Children and Parenting if there is domestic violence (info sheet) and Parenting After a Separation or Divorce (FAQs).
If one parent is wanting to move, the law says they must give notice of the move to the other parent unless the court says otherwise. If there is family violence, the court can waive the notice requirements for the moving parent.
Read more about Moving and the Divorce Act (FAQs) and Moving With or Without Children (FAQs).
Last Reviewed: January 2022
What if there is an Emergency Protection Order or other no contact order in place?
No contact orders include Emergency Protection Orders, King’s Bench Protection Orders, restraining orders or peace bonds.
When making decisions, the court must consider if a no contact order exists. But the court is not required to make a specific decision when there is family violence. The parties must follow all court orders – including parenting, support and no contact orders.
If the court makes an order that contradicts (goes against) another order, you can ask the court to clarify what they mean.
Last Reviewed: January 2022
What evidence do I need to show family violence?
You may need to show evidence to the court or other agencies to get help. Here are a few tips for gathering evidence:
- Keep a diary of the abuse, including notes about what happened, where and when it happened, who saw it, what happened before and after, and any injuries.
- Document your injuries through photos or videos. If you get medical help, ask for copies of those medical records. If you called 911, ask for a copy of the transcript and recordings of the call.
- Note how the abuse impacts your children. Not just injuries but their behaviours, performance in school, etc.
- Get evidence from others, like doctors or counsellors, or family and friends who saw the abuse.
- Gather evidence of past abuse. Keep emails, texts, voicemails or letters. Note the person’s past criminal charges, if applicable. If the person has a history of abuse in past relationships, you could try to get affidavits from others who have experienced abuse by the person.
Learn more by reading our Gathering Evidence info sheet.
Last Reviewed: January 2022
Where can I learn more about abuse and the law in Alberta?
The Centre for Public Legal Education Alberta (CPLEA – the creator of this website) has created lots of resources to help Albertans learn more about abuse and the law.
WillowNet is CPLEA’s website dedicated to sharing about abuse and the law in Alberta. Visit www.willownet.ca to learn more.
Our Domestic Violence and the Law series of info sheets describe different legal aspects of domestic violence. Topics include:
- What Is Abuse?
- Planning to Leave
- Going to the Police
- Leaving an Abusive Relationship If You Are Not a Canadian Citizen
- Keeping the Abuser Away
- Emergency Protection Orders
- King’s Bench Protection Orders
- Exclusive Possession Orders
- Restraining Orders
- Children and Parenting
- Help with Finances
- Renting and Ending Your Lease Early
- Gathering Evidence of Abuse
- Serving Documents on an Abusive Party
- Clare’s Law
Some issues of domestic violence also involve family laws. CPLEA’s Families and the Law series of info sheets, booklets and videos describe different parts of family law in Alberta.
Finally, CPLEA’s Going to Court series of videos and info sheets describe more about court processes in Alberta.
Last Reviewed: January 2022
Protection Against Family Violence Act
What is the Protection Against Family Violence Act (PAFVA)?
The Protection Against Family Violence Act aims to protect individuals from family violence committed by family members. Family violence and family violence are both defined in PAFVA – see the questions below. The Act describes two kinds of protection orders:
- Emergency Protection Orders are for emergency situations. You can get one 24 hours a day, 7 days a week.
- King’s Bench Protection Orders are for non-emergency situations. To get one, you must give the other person notice that you are applying to court for the order.
Keep reading for more information about these orders.
Under PAFVA, courts can also grant warrants permitting entry to allow police to enter a property to find someone. Keep reading for more information about these warrants.
Last Reviewed: January 2022
Who is a family member under the PAFVA?
The following are family members under the Protection Against Family Violence Act:
- someone you are or were married to
- someone you are or were in an adult interdependent relationship with
- someone you live with or have lived with in an intimate relationship
- a parent of your child, regardless of whether you have lived with that person
- someone you are related to by blood, marriage, adoption or an adult interdependent relationship (including adult children and in-laws)
- a child in your care and custody
- someone you live with who has care and custody over you
You cannot get an EPO against:
- someone you are dating UNLESS you live together in an intimate relationship OR you have children together
- someone you live with but are not intimate with (such as a roommate)
You can still report violence to the police or get other orders to keep these people away. Learn more about restraining orders and peace bonds.
Last Reviewed: January 2022
What is family violence under the PAFVA?
The Protection Against Family Violence Act says that family violence includes:
- actions that injure someone or damage property AND that intimidate or harm a family member
- any act or threat of an act that intimidates a family member by creating a reasonable fear of property damage or injury to a family member
- forced confinement (such as being locked in a room with no way out)
- sexual abuse
- stalking (including repeated, harassing contact)
Family violence does not include a parent correcting a child by using force if the force is reasonable in the situation.
Last Reviewed: January 2022
Emergency Protection Orders
What is an Emergency Protection Order (EPO)?
An Emergency Protection Order (EPO) is a kind of no contact order that helps protect Albertans from family members committing family violence.
EPOs are for emergency and urgent situations. You can get one 24 hours a day, 7 days a week.
An EPO can:
- require the family member causing harm to
- stop entering or going near your home, workplace, children’s school or any other places you regularly go
- stop contacting and communicating with you and other people named in the order
- give you exclusive possession of your family home, even if your name is not on the lease or title
- give police authority to
- remove the family member causing harm from your family home
- seize and store weapons used or threatened to be used to commit family violence
A judge or justice of the peace decides whether to grant you an EPO and what it should say, all based on the situation.
Last Reviewed: January 2022
How do I get an EPO?
You can get an EPO 24 hours a day, 7 days a week. To apply, all the following must be true:
- A family member has committed family violence.
- You have reason to believe the family member causing harm (the respondent) will continue or resume carrying out the family violence.
- The situation is serious or urgent such that you need a court order right away to protect you and your family. This usually means the family violence happened recently.
A Provincial Court judge or justice of the peace can grant an EPO in person or over the phone. The process to apply is different in each city or town.
In Edmonton:
- during business hours, contact Legal Aid Alberta’s Emergency Protection Order Program (by phone or in person)
- after hours, weekends or statutory holidays (by phone or in person), contact the Edmonton Hearing Office (till midnight only) or the Calgary Hearing Office (midnight to 8am)
In Calgary:
- during business hours, contact Legal Aid Alberta’s Emergency Protection Order Program (by phone or in person)
- after hours, weekends or statutory holidays, contact the Calgary Hearing Office (by phone or in person)
Review maps about applying for an EPO and the review hearing in Calgary, created by the Calgary Domestic Violence Collective.
Elsewhere in Alberta:
- during business hours, go to the nearest Provincial Court building
- after hours, weekends or statutory holidays, contact the Hearing Office for your part of the province (till midnight) or the Calgary Hearing Office (24 hours)
Calgary Hearing Office contact info: 1.403.297.4444 or hearingoffice.calgary@gov.ab.ca
Edmonton Hearing Office contact info: 1.780.422.3699 or hearingoffice.edmonton@gov.ab.ca
You can also contact your local police or RCMP station, or a Victim Services Unit in your area. You can contact your lawyer if you have one.
If you are applying for an EPO by phone, you must fill out a Telephone Application for an Emergency Protection Order form. You must email the form and a copy of your government-issued identification (front and back) to the Hearing Office you contact.
Last Reviewed: January 2022
How can I get a review hearing in the middle of the night? Or on a weekend or holiday?
You can contact the local police or RCMP for help. Or the hearing office nearest you.
If you are north of Wetaskiwin (including Edmonton):
- on weekdays between 4pm and midnight, and on weekends and statutory holidays between 8am and midnight, contact the Edmonton Hearing Office (phone: 1.780.422.3699, email: edmonton@gov.ab.ca)
- between midnight and 8am any day, contact the Calgary Hearing Office (phone: 1.403.297.4444, email: calgary@gov.ab.ca)
If you are south of Wetaskiwin (including Red Deer and Calgary):
- on weekdays between 4pm and 8am and on weekends and statutory holidays, contact the Calgary Hearing Office (phone: 1.403.297.4444, email: calgary@gov.ab.ca)
Steps to apply:
- Contact the hearing office.
- Fill out the Telephone Application for an Emergency Protection Order form.
- Email the following to the hearing office:
- completed application form
- copy of the front AND back of your government-issued ID
- Wait for further instructions from the hearing office.
Last Reviewed: January 2022
What does the judge think about when granting an EPO?
The judge or justice of the peace must consider the following when deciding whether to grant an EPO:
- history of family violence by the respondent toward you and other family members
- if the respondent’s behaviour has been controlling towards you or other family members
- if the family violence is ongoing or getting worse
- any immediate danger to people or property
- how elder adults are more vulnerable to violence
- the effect on your children
- the best interests of you and your children
- your need for a safe environment to arrange for longer term protection from family violence
Last Reviewed: January 2022
Will the person causing harm know that I am applying for an EPO?
The person causing harm will not know right away that you have applied for an EPO. You do not have to give them notice that you are asking the court for the order.
However, an EPO is not enforceable until the other person 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 them. Do not give a copy to the person yourself.
Last Reviewed: January 2022
Do I have to give a copy of the EPO to the person causing harm?
No. The police will arrange for the person causing harm to get a copy of the EPO.
Last Reviewed: January 2022
What is a review hearing?
Within 9 working days of the order being granted, a justice in the Court of King’s Bench will review the EPO at a review hearing. The EPO will say the date of the review hearing.
The respondent (person ordered to stay away from you) can attend the review hearing and share their story. The court will review all the evidence, including the transcript of your application for the EPO.
At the review hearing, the court will do one of four things:
- cancel the order
- confirm the order (so that it continues)
- order you and the respondent to attend an oral hearing (a court appearance where you and the respondent will give oral evidence), or
- cancel the order and grant a King’s Bench Protection Order to replace it.
The review hearing will go ahead even if you or the respondent are not there.
Get free legal help at the review hearing by contacting Legal Aid Alberta during business hours. (Edmonton: 1.780.422.9222, Calgary: 1.403.297.5260)
Last Reviewed: January 2022
Can the EPO order the person causing harm to move out of the family home?
Yes, an EPO can give you exclusive possession of the family home. This applies whether you rent or own the home, even if your name is not on the lease or title.
Last Reviewed: January 2022
Can someone get an EPO for me?
Yes. A police officer can apply for an EPO on your behalf if you give your consent. Any other person can apply on your behalf, such as a family member, if a judge allows them to. They must give you a copy of the EPO if the court grants it.
Last Reviewed: January 2022
Can the person causing harm get the EPO removed?
The person cannot ask the court to remove the EPO except at the review hearing or if you both agree to an order cancelling the EPO. At the review hearing, the judge will hear both sides of the story and decide what to do. Speak to a lawyer before deciding to agree to cancelling the EPO.
Last Reviewed: January 2022
How long does the EPO protect me for?
An EPO can last for up to one year. The clock can start from:
- the date you get the EPO,
- the date of the review hearing, or
- the date of an oral hearing.
You can get another EPO once the first one expires if the situation is still serious and urgent.
Last Reviewed: January 2022
What if the person causing harm cannot be found?
If the police cannot find the person causing harm to give them a copy of the EPO, there are ways to serve the person in a different way (called substitutional service). The court can order that the police:
- serve a member of the person’s family or someone else who might bring the order to their attention
- leave the order at a place where they have been living or regularly go
- send it by email or Facebook message
The court makes an order for substitutional service to allow the police to serve the order this way.
Last Reviewed: January 2022
What happens if someone does not follow the EPO? How can I keep myself safe?
Call the police. Always keep a copy of your EPO with you so you can show it to the police when necessary. You can also give a copy to others who will help keep you safe, such as close family and friends, your children’s school (if the order includes your children), your workplace, etc.
The police will decide whether to arrest and charge the family member with breaching the order. If the family member is charged, they will appear in court and be prosecuted by a Crown prosecutor. If the family member pleads guilty or is convicted of breaching the EPO, they will be fined or receive a jail term. Anyone convicted of more than one breach automatically receives a jail term.
Do not contact the other person. The court has ordered them to stay away from you because you need protection from them. By contacting the other person, you may create an opportunity for the other person to apply to court for the order to be cancelled. The court will look at the situation and decide whether a no contact order is still appropriate.
Last Reviewed: January 2022
Does an EPO apply in another province?
No. EPOs only apply in Alberta. If you get an EPO in Alberta against someone and then move to another province, you must get help under the laws in that province or territory if the person causes harm there too.
Last Reviewed: January 2022
Where can I learn more about EPOs?
- Emergency Protection Orders info sheet (CPLEA)
- WillowNet website about abuse and the law in Alberta (CPLEA)
- Get an Emergency Protection Order webpage (Government of Alberta)
- Applying for an Emergency Protection Order in Calgary info sheet (Calgary Domestic Violence Collective)
- Reviewing Hearing of Emergency Protection Order in Calgary info sheet (Calgary Domestic Violence Collective)
Last Reviewed: January 2022
King’s Bench Protection Orders
What is a King’s Bench Protection Order (KBPO)?
A King’s Bench Protection Order (KBPO) is a court order that helps protect Albertans from family members committing family violence.
A KBPO can:
- require the family member causing harm to
- stop entering or going near your home, workplace, children’s school or any other places you regularly go
- stop contacting and communicating with you and other people named in the order, both directly and indirectly
- pay for any money lost because of the family violence, such as loss of income or support, medical or dental expenses, moving costs or legal fees
- give you exclusive possession of your family home, even if your name is not on the lease or title
- give you temporary possession of personal property, such as a vehicle, bank cards, children’s clothing, medical insurance cards, ID, and keys
- allow your child to receive counselling without the family member’s consent
- not allow you or the family member causing harm to take, convert, damage or otherwise deal with property that the other has an interest in
- give police authority to
- remove the family member causing harm from your family home
- seize and store weapons used or threatened to be used to commit family violence
- require the family member to:
- post bond to make sure they follow the order
- receive counselling
A justice of the Court of King’s Bench decides whether to grant a KBPO and what it should say, all based on the situation.
Last Reviewed: January 2022
What is the difference between an EPO and KBPO?
The key difference between a KBPO and EPO is that an EPO is for urgent, serious situations. You may be eligible for a KBPO even if you are not eligible for an EPO.
There are a few more differences:
- You cannot apply for a KBPO without the family member’s knowledge, but you can for an EPO. When you apply for a KBPO, you must give a copy of the application to the family member you are asking for the order against.
- A hearing for a KBPO is in the Court of King’s Bench. You cannot apply by telephone or in Provincial Court.
- A KBPO can include more terms than an EPO. For example, a KBPO can say the family member must pay you expenses incurred because of the violence.
- A KBPO can stay in effect for up to one year and can be renewed. An EPO is reviewed after 9 working days and stays in place until it expires.
Sometimes at the review hearing for an EPO, the court will cancel the EPO and grant a KBPO instead.
Last Reviewed: January 2022
What if I am not eligible for an EPO or KBPO?
If you are not eligible for an EPO or KBPO, there are other no contact orders available such as a restraining order or peace bond. Usually you won’t be eligible if the person causing harm does not fall within the definition of a family member in the Protection Against Family Violence Act (see question above for who is a family member under the Act).
Learn more about restraining orders and peace bonds. Note that it can take several months to get a peace bond so it might not be the best option if you need protection right away.
Last Reviewed: January 2022
How do I get a KBPO?
1. Fill out two court forms:
- Originating Application – Protection Against Family Violence Act (Form 7)
- King’s Bench Protection Order Questionnaire (Form FL-13)
Find these forms on the Alberta Courts website. You must swear the Questionnaire before a Commissioner for Oaths or Notary Public (most court clerks perform these services).
2. File the completed documents at the courthouse.
Take three copies – one for the court, one for you and one for the respondent. The court will help you choose a court date.
3. Serve the filed documents on the respondent.
You must make sure the respondent receives the documents at least 10 days before the scheduled court date. You can have someone else (such as a family member, friend or process server) serve the documents so that you do not have to see or talk to the respondent.
4. Complete and file an Affidavit of Service at the courthouse.
This sworn document proves the respondent received the application documents.
5. Attend court on the scheduled date.
If you need legal advice on the day of your hearing, you may be able to talk to duty counsel. Duty counsel are volunteers lawyers or Legal Aid lawyers that provide free legal advice on the day of your court appearance.
6. Tell the judge your story.
Remember, the respondent can also share their story and challenge your version of events. Do not interrupt, make faces or roll your eyes. Stay calm. You may have a chance to talk to the judge again to challenge the evidence you disagree with. You can bring a trusted friend or family member with you to court for support.
7. The judge decides whether to grant the order.
If the judge does grant the order, file the order at the courthouse. The order is not enforceable until the respondent receives a copy of it. Usually, a peace officer serves the order on the respondent.
8. File an Affidavit of Service to prove the respondent received a copy of the order.
Whoever served the documents will swear the Affidavit of Service but you will likely have to file it at the courthouse.
9. Give copies of the filed KBPO and the filed Affidavit of Service (for service of the order) to local police or RCMP (if they do not already have them).
Last Reviewed: January 2022
Do I need a lawyer to get a KBPO?
No, but having a lawyer may be helpful.
Some lawyers offer limited scope retainers – they will provide legal services for part but not all of your legal matter. There are also legal clinics across the province that give free legal help based on a person’s income.
Last Reviewed: January 2022
Do I have to pay to get a KBPO?
No. There are no court fees to get a KBPO (or an EPO).
Last Reviewed: January 2022
Can the KBPO order the person causing harm to move out of the family home?
Yes, a KBPO can give you exclusive possession of the family home. This applies whether you rent or own the home, even if your name is not on the lease or title.
It can also order that neither you nor the person causing harm take, convert, damage or otherwise deal with property that the other has an interest in. For example, if you both own the home, one could not sell the home without the other person’s permission.
Last Reviewed: January 2022
What happens if someone does not follow the KBPO? How can I keep myself safe?
Call the police. Always keep a copy of your KBPO with you so you can show it to the police when necessary. You can also give a copy to others who will help keep you safe, such as close family and friends, your children’s school (if the order includes your children), your workplace, etc.
The police will decide whether to arrest and charge the family member with breaching the order. If the family member is charged, they will appear in court and be prosecuted by a Crown prosecutor. If the family member pleads guilty or is convicted of breaching the KBPO, they will be fined or receive a jail term. Anyone convicted of more than one breach automatically receives a jail term.
Do not contact the other person. The court has ordered them to stay away from you because you need protection from them. By contacting the other person, you may create an opportunity for the other person to apply to court for the order to be cancelled. The court will look at the situation and decide whether a no contact order is still appropriate.
Last Reviewed: January 2022
Does a KBPO apply in another province?
No. KBPOs only apply in Alberta. If you get a KBPO in Alberta against someone and then move to another province, you must get help under the laws in that province or territory if the person causes harm there too.
Last Reviewed: January 2022
Where can I learn more about KBPOs?
- King’s Bench Protection Order info sheet (CPLEA)
- WillowNet website about abuse and the law in Alberta (CPLEA)
Last Reviewed: January 2022
Warrants Permitting Entry
What can I do if I think my family member is being abused but I’m not allowed to see them?
You can go to the police and tell them what you know. The Protection Against Family Violence Act allows the police to apply to a judge for a warrant permitting entry to a place where a family member may have been subject to family violence and will likely be.
Last Reviewed: January 2022
What is a warrant permitting entry?
A judge can issue a warrant permitting entry if they have information given under oath that suggests there are reasonable and probable grounds to believe that:
- the person who provided the information has been refused access to a family member, and
- the family member may have experienced family violence and will be found at the place to be searched.
The warrant allows someone to enter the place named in the warrant to search for the person. Usually, the warrant authorizes the police to do this. They can remove the person experiencing violence from the place, if the person consents, to get help.
Last Reviewed: January 2022
Can police arrest the person causing harm?
The purpose of a warrant permitting entry is to protect the family member from harm. It does not give police extra powers of arrest other than what they already have. The police would have to be satisfied the person causing harm committed a criminal offence before arresting them.
Last Reviewed: January 2022