This section outlines the options available to someone who is experiencing elder abuse. Abuse is a crime, and it is important to know what to expect when you report it, as well as how the courts can help you put a stop to it.
- Reporting Abuse
- Emergency Protection Orders
- Queen’s Bench Protection Orders
- Restraining Orders
- Peace Bonds
Reporting Abuse
My aunt lives with her son and his family. I suspect that she’s being abused. She acts nervous when her son is in the room, her bedroom has a lock on the door, and she has bruises on her arm. When I asked her about the situation she seemed very confused. Why isn’t she reporting this abuse?
There are many reasons why people might not report abuse. They include
- shame that a family member treats them badly and a need to keep it in the family;
- fear of making the situation worse, leading to more abuse;;
- fear of being placed in an institution;
- fear of losing a caregiver or contact with a family member;
- a belief that they are getting what they deserve, for example, if they feel they were not a good parent;
- a belief that police or social services cannot help them;
- a belief that they cannot prove the abuse is happening.
Last Reviewed: June 2017
If my aunt is not reporting the abuse she appears to be suffering, should I report it for her?
If there is any possibility of immediate danger of physical harm, then you should notify the police or call 911 immediately. Otherwise, it is important to deal with cases of suspected abuse with a degree of care, particularly because the abuser might retaliate against the elderly person. It is also important to respect the dignity of the elderly person who might choose to accept or reject help.
Agreement on the part of the elderly person to any subsequent actions is very important, unless the person is not mentally competent. For this reason, you
should speak with your aunt before taking any action and be sure that all possible outcomes of intervention are considered. In order to help her make her
decision, you can bring to your aunt’s attention many resources on elder abuse and the names of agencies that can offer assistance.
Last Reviewed: June 2012
What would be a good way to approach my aunt to ask her if she is being physically abused?
Depending upon the individual, strategies that you might use include
- directly and respectfully asking your aunt if any abuse is occurring;
- encouraging your aunt to contact others such as a doctor, lawyer, social worker, public health worker, or home care worker;
- describing to your aunt the benefits she might be entitled to which could help her be more independent;
- providing information about counselling services for the abused or the abuser;
- helping to dispel myths about abuse, for example, that protecting the abuser’s reputation will not help the abuser change, that there is no “perfect family”, and that abuse can exist at any education or income level;
- helping your aunt understand that nobody deserves to be abused;
- encouraging her to get out and use community service programs, such as drop-in centres;
- encouraging your aunt to get a thorough health assessment from her doctor or a health unit.
Last Reviewed: June 2017
I think my brother-in-law is abusing my mother. What will happen if I report abuse?
You can report a criminal matter to the police even if it does not directly involve yourself. If you want the police to investigate the possibility of charging your brother-in-law, you will have to go to the police station and give a statement that describes what you believe your brother-in-law is doing. The police will then
investigate the situation, which would likely involve interviewing your mother and your brother-in-law, and any other witnesses. The police will then decide if they have enough evidence to charge your brother-in-law with an offence.
What kinds of agencies can I contact to get information about abuse?
Agencies and personnel differ in the various provinces and territories, but there are agencies that can lead you to information and to more specialized agencies in your location:
- police
- health units
- social service agencies
- mental health clinics
- Public Health Agency of Canada
- family doctors
- hospitals
- Office of the Public Guardian and Trustee
Also see the list of additional resources linked below.
Last Reviewed: June 2017
Emergency Protection Orders
I am really worried about my grandfather who lives with my uncle. I am sure my uncle is hurting him physically. Is there anything I can do to quickly get help for my grandfather?
In Alberta, there is a law called the Protection Against Family Violence Act. This law provides a way for a family member experiencing abuse, the police, or another person acting with the consent of the abused person to apply for an Emergency Protection Order (EPO) from the court. A family member is eligible to ask for such an order if he or she is related to the abuser through blood, marriage or adoption, so this would cover your grandfather.
An emergency order may allow for your grandfather to be removed from the house, if he is being forcibly confined there against his will along with a wide range of other measures to protect him. Emergency measures such as these are available 24 hours a day and are only available if the situation is urgent or serious. Your grandfather can apply for an EPO or you can apply on his behalf, with his consent.
In Alberta, you can contact Legal Aid Alberta’s Emergency Protection Order program for free advice and assistance.
An EPO may be issued in cases of the following types of family violence:
- actions that cause personal injury, prope rty damage, or intimidation. This can include kicking, punching, and breaking personal property and furniture.
- failure to provide food, shelter or medical attention for the purpose of intimidation;
- threats that cause reasonable fear of injury or property damage, or that are meant to intimidate;
- forced confinement;
- sexual contact that is a result of force or threat of force; and
- stalking.
One of the factors that a judge will consider when deciding about making an EPO is the vulnerability of elderly family members. The application for the Order
can be made without notice to the abuser, but it does not take effect until a copy of the Order has been served on the abuser. Usually, the Order will be served by the police or a process server. For more information on EPO’s and serving documents on an abusive person see:
www.cplea.ca/servingdocuments.pdf
www.cplea.ca/emergencyprotectionorder.pdf
The Order must be reviewed by the court within nine working days from the time it is granted.
For more information about Emergency Protection Orders in Alberta, call toll-free 1-866-845-3425 or visit:
http://www.legalaid.ab.ca/help/Pages/Emergency-Protection-Orders-Domestic-Violence.aspx
Last Reviewed: June 2017
Queen’s Bench Protection Orders
I would like to get my mother away from my sister’s house because I think my brother-in-law is physically abusing her. So far she has only had minor bruises, so I don’t feel I need to rush to the police. Is there anything else I can do?
For more information see: www.cplea.ca/queensbenchprotectionorder.pdf
Last Reviewed: June 2017
My son is abusing me. Is there anything I can do to get my abusive son to stay away from me?
Depending on the severity of your situation, you can apply for either an Emergency Protection Order or a Queen’s Bench Protection Order. Both types of orders can require that your abusive son must stop:
- entering or going near your home and other places where you regularly go;
- contacting or associating with you and other members of your family; and
- communicating with you and other members of your family both directly and indirectly, such as by telephone or email.
Last Reviewed: June 2017
Restraining Orders
What is a restraining order?
A Restraining Order (RO) is a type of no-contact order that can be issued by a Justice of the Alberta Court of Queen’s Bench that requires a person or persons to stay away from you. You can apply for a Restraining Order against anyone whose behaviour causes you to fear for your safety. This includes family violence.
A Restraining Order is, in some ways, similar to protective orders granted under provincial legislation, but, in other ways it is very different. If you are not eligible for an EPO or QBPO, then a Restraining Order may be your next best option.
ROs are different from provincially-legislated protective orders in two main ways:
- They are not limited to intimate partners or family members.
For example, they can be used to address violence between roommates or between neighbours. - They only deal with prevention of contact between people.
For example, they can’t deal with things like financial compensation and they can’t remove an abusive person from a residence where they have a legal right to live, as an EPO or a QBPO can.
For more information see: www.cplea.ca/restrainingorder.pdf
Last Reviewed: June 2017
How do I get a restraining order?
A Restraining Order is granted by a Justice of the Court of Queen’s Bench and can only be requested during normal court hours. In a non-emergency situation, notice of the application for an RO must be given to the alleged abuser, who can then choose to attend the court application and speak about the order being requested from his or her perspective. If you can afford it, it is a good idea to hire a lawyer to help you apply and represent you in court. If you cannot afford a lawyer, call Alberta Resolution and Court Services toll-free at 1-855-738-4747 or visit their website at www.rcas.alberta.ca for help.
Last Reviewed: June 2017
What kinds of terms can be included in a restraining order?
As part of preventing contact, a Restraining Order can include special terms that state how far away the person must stay from you and identify specific locations where the person must not attend or try to contact you, for example, your home or workplace. The judge granting the order will decide in each case what specific terms the order will set out and how long it should remain in effect. If you have a lawyer working for you, you must tell the lawyer all the relevant information so that he or she can make the best case on your behalf. It is very important to include a term that gives the police the power to arrest the respondent if the order is broken.
Last Reviewed: June 2017
My aunt is not very wealthy. Is there any financial assistance available to apply for a restraining order?
Your aunt may be able to get assistance from Legal Aid. Call toll-free 1-866-845-3425 or visit: http://www.legalaid.ab.ca/contact/Pages/default.aspx
Some larger centres may also have other agencies that can help. For example, in Edmonton, the Edmonton Community Legal Centre assists low-income individuals with legal problems. See the back of this booklet for other suggestions, such as social service agencies and student law associations that offer legal assistance to those with low incomes.
If your aunt decides to hire a lawyer privately, encourage her to discuss fees at the outset. It might be possible to make an arrangement with a lawyer regarding a lump sum fee or an easy-to-manage fee schedule. For more information about financial options see: www.cplea.ca/financialsupportOptions.pdf
Last Reviewed: June 2017
Would my aunt have to serve the restraining order herself?
No, she should not serve the order herself. She should hire a process server to serve the order. A process server is someone who is authorized by law to deliver or serve court papers. After the order has been served, the process server will give her an Affidavit of Service, which is a sworn statement explaining when and how the order was served. The affidavit must then be filed with the court. For more information about serving documents on an abusive person see:
www.cplea.ca/servingdocuments.pdf
Last Reviewed: June 2017
How will the restraining order protect my aunt against her abusive son?
If the Restraining Order contains a police enforcement clause, she should register it with the police. Then, if her son should try to contact her or visit her in breach of the order, she will be able to call the police to arrest him. Possession of the order, however, is not a guarantee of her safety and she should continue to exercise caution in her daily routine. Encourage your aunt to carry a copy of the Restraining Order with her at all times. If she carries a copy of the order, she will be able to show it to any authority, such as the police, who can then take the necessary action in arresting the offender. For more information about
Restraining Orders see: www.cplea.ca/restrainingorder.pdf
Last Reviewed: June 2017
Peace Bonds
What is a peace bond?
A Peace Bond (also called a recognizance) is a type of no-contact order that is issued by a criminal court judge. It can be issued when someone has committed a minor criminal offence and could be used in a situation where an older adult has experienced physical abuse. The judge can, among other things, order that the abusive person:
- keep the peace and not be charged with any other criminal offences for up to one year;
- stay away from your home, place of employment and other places where you frequently go;
- stop communicating with you, in person, by mail or email, telephone, etc.;
- stop using alcohol or drugs;
- periodically report to the police or a probation officer; and
- follow a curfew.
A peace bond cannot be used to protect from emotional or financial abuse.
For more information about Peace Bonds see: www.cplea.ca/peacebond.pdf
Last Reviewed: June 2017
How long does a peace bond last?
A Peace Bond can be granted for a maximum of twelve months. As with a Restraining Order, you should always carry a copy with you so that, if necessary, a police officer knows that the police have authority to arrest a person in breach of the order. As with Restraining Orders, there are agencies that can assist with obtaining Peace Bonds. Your local police department will be able to tell you what assistance is available in your area.
Last Reviewed: June 2017
I would like to help my aunt apply for a peace bond against her son. How do I do this?
Applying for a Peace bond requires a court application. If your Aunt can afford it, it would be a good idea for her to hire a lawyer to help her.
Step one: If your aunt can’t afford a lawyer, she can ask the police or the Provincial Court of Alberta to arrange for an appointment for her to speak with a Justice of the Peace. The Justice of the Peace (often called a JP) will listen to the details of your aunt’s complaint.
Step two: The Justice of the Peace will forward the details of your aunt’s case to the Crown Prosecutor’s office.
Step three: The Crown Prosecutor’s office will arrange for a court hearing if they agree that a Peace Bond is needed.
Step four: The court hearing will be held.
- The court hearing may not be right away, but the wait can be shortened in emergencies;
- Your aunt must be prepared to appear in court and give her evidence to show that she has reasonable grounds to fear that her abuser might cause her personal injury or damage her property;
- The judge will decide if a Peace Bond is appropriate, even if your aunt’s alleged abuser does not show up for the hearing.
The process may not be exactly the same as set out above. The police may interview the alleged abuser and conduct an investigation. They may lay criminal charges or arrest the alleged abuser. They may ask the alleged abuser to consent to the terms of the Peace Bond. Once the Peace Bond is issued by the Court, if your aunt’s alleged abuser does not comply with it, he or she could be charged and convicted of an offence.
For more information about Peace Bonds see: https://www.cplea.ca/wp-content/uploads/2016/08/PeaceBond.pdf
Last Reviewed: June 2017