What You Need to Know If You’re Facing Family Violence.
When we talk about Family Law in Alberta, most people think of divorce, parenting time, or child support. Family Law addresses concerning Emergency Protection Orders, Restraining Orders, Mutual No Contact Orders, or EPOs with regards to safety.
If you or someone you know is dealing with family violence, it’s important to understand what an EPO is, how it works, and what legal protections it may offer. This blog will hopefully provide some clarity to ensure those who are experiencing family violence feel motivated to reach out to a lawyer for advice.
At Impact Law Office, we believe knowledge is power. Below, we have broken down what an EPO is, how it works, and how our legal team can assist you through this process.
What Is an Emergency Protection Order (EPO)?
An Emergency Protection Order (EPO) is a court order designed to provide immediate protection to a person suffering from family violence. It is governed by the Alberta’s Protection Against Family Violence Act (PAFVA) The Protection Against Family Violence Act sets out the following reasons in which the courts can grant an EPO:
“2(1) (a) that family violence has occurred, (a.1) that the claimant has reason to believe that the respondent will continue or resume carrying out family violence, and (b) that, by reason of seriousness or urgency, the order should be granted to provide for the immediate protection of the claimant and other family members who reside with the claimant.”
An EPO is typically issued without notice to the other party (called the “respondent”) — this means they do not get a say initially. The idea is to act quickly and prevent further harm or risk.
Who Can Apply for an EPO?
In Alberta, you can apply for an EPO if you are experiencing family violence and the person causing you harm is considered a “family member” under the law. This includes:
- A current or former spouse or partner (including common-law and dating relationships)
- Someone you’ve lived with in an intimate relationship
- A parent, child, or other blood relatives
- A caregiver or guardian
You do not need to currently live with the person, and in some cases, you may never have lived together — especially in intimate partner situations.
What Is “Family Violence”?
Under Alberta Law, family violence does not just mean physical abuse. It can include:
- Physical harm or threats to harm (to you, children, pets, or property)
- Sexual abuse
- Psychological abuse (intimidation, harassment, stalking, emotional manipulation)
- Forcing someone to be isolated (cutting them off from support or community)
If you are unsure whether your experiences detail “family violence,” trust your instincts. If you feel unsafe, it is worth speaking to a lawyer or support worker.
What Can an EPO Do?
An Emergency Protection Order can do multiple things, depending on your situation. Some of the common terms in an EPO include:
- The respondent must stay away from you, your home, your workplace, or other places you go regularly.
- They can’t contact you, directly or indirectly.
- You may be granted temporary possession of the home, even if both names are on the lease or title.
- Police may be authorized to remove the respondent from the home.
- The order can include other terms to keep you and your children safe.
How Do You Get an EPO?
You can apply for an EPO:
- 24/7 through the police — including RCMP or local police officers. They can help make an application to a Provincial Court judge by phone.
- During court hours, you can go to Family Court or Provincial Court and speak to a duty counsel or legal aid lawyer who can assist with the application.
You will need to share your story clearly and honestly — this is often called “giving evidence.” The judge needs to understand why you fear for your safety and why protection is urgently needed.
If granted, the EPO is effective immediately and usually lasts for up to 30 days, but a Court will schedule a “review hearing” to decide whether it should stay in place longer (through a Queen’s Bench Protection Order or another remedy).
What Happens After an EPO Is Granted?
- Police will serve the respondent (the person named in the order) with a copy of the EPO. You do not have to do this yourself.
- You’ll be given a court date for a review hearing, usually within 7 to 14 days.
- At the review hearing, a judge will decide whether to:
- Cancel the EPO
- Confirm it and extend it
- Replace it with a longer-term protection order
You should attend this hearing — if you don’t, the order might be dropped.
What If the EPO Is Breached
If the respondent violates the terms of the EPO, it is considered a criminal offence. Call the police immediately. They can be arrested and charged. Alberta takes breaches of EPOs seriously, especially when safety is involved.
Final Thoughts: You Are Not Alone
Going through family violence — whether it is physical, emotional, or psychological — is deeply painful and often isolating. You do have legal tools in Alberta to help protect yourself and your loved ones.
An Emergency Protection Order is not a magic fix, but it is a strong step in asserting your right to be safe. If you are unsure whether an EPO is the right fit, speak with a family lawyer, contact Legal Aid Alberta, or reach out to a women’s shelter or family violence support service
Remember: you deserve to feel safe.
Resources
- Legal Aid Alberta: 1-866-845-3425
- Alberta Family Violence Info Line: 310-1818 (toll-free, 24/7)
- Calgary Legal Guidance: clg.ab.ca
- Edmonton Community Legal Centre: eclc.ca
- Emergency: Call 911
What Happens After an EPO Is Granted?
Once the EPO is issued:
- The respondent is served by the police with a copy of the order.
- A review hearing is scheduled in the Court of King’s Bench (usually within 7–14 days).
- At the hearing, the judge may:
- Cancel the EPO
- Confirm and extend the EPO
- Replace it with a long-term protection order
It is essential to attend this hearing. Missing it could result in the EPO being cancelled.
What If the EPO Is Violated?
Breaching an EPO is a criminal offence in Alberta. If the respondent disobeys the terms — for example, by contacting you or showing up where they are not permitted — call the police immediately. They can arrest the respondent, and charges may be laid.
How Impact Law Office Can Help
Dealing with family violence is emotionally draining and legally complex. You do not have to go through it alone. At Impact Law Office we have experienced family law lawyers who can:
- Help you prepare and present your EPO application
- Represent you at the review hearing
- Advise you on related matters (e.g., parenting arrangements, exclusive possession of the home, divorce or separation)
- Work discreetly and compassionately to ensure your safety and your rights are protected
We understand the urgency and sensitivity of these situations, and we are here to support you every step of the way.
Reach Out for Support
If you believe an Emergency Protection Order might be necessary in your situation, or if you have been served with an EPO and need legal advice, contact Impact Law Office today for a confidential consultation.
Disclaimer: This blog post is for general information only and does not correspond to legal advice. Every situation is unique — we encourage you to speak with a lawyer about your specific circumstances.