Protective Orders

Domestic Violence & Protective Orders in Alberta: Your Rights and Legal Protections

If you or someone you love is experiencing domestic violence, you are not alone—and there are legal tools and resources in Alberta designed to protect your safety and the safety of your children. At 587LAWYERS, we provide knowledgeable, compassionate guidance for individuals in need of immediate protection.

What Is Considered Domestic Violence in Alberta?

Under Alberta law, domestic violence includes a broad range of abusive behavior within family or intimate relationships, such as:

• Physical abuse

• Emotional or psychological abuse

• Sexual abuse

• Financial control or manipulation

• Verbal threats, harassment, or intimidation

• Coercive control that limits freedom or autonomy

The law takes these behaviors seriously, especially when children are present or at risk.

What Legal Protections Are Available for Victims?

Victims of domestic violence in Alberta can apply for several types of protective court orders, including:

• Emergency Protection Orders (EPOs)

• Restraining Orders

• Queen’s Bench Protection Orders

These legal tools may:

• Prohibit the abuser from contacting or approaching the victim

• Require the abuser to leave the shared home

• Set conditions to ensure the victim’s ongoing safety

What Is an Emergency Protection Order (EPO)?

An EPO is a court order available 24/7 to provide immediate, short-term protection for victims in danger. You can request an EPO by contacting the police or through Provincial Court.

Key facts about EPOs:

• They can be granted without the abuser present.

• They take effect immediately.

• They must be reviewed in court (usually within 9 days) for longer-term decisions.

How Is a Restraining Order Different?

Unlike EPOs, a restraining order is generally used in cases where there may not be immediate physical danger, but ongoing harassment, stalking, or threats. These orders are broader in scope and can apply beyond intimate or family relationships.

Restraining orders are obtained through the Alberta Court of King’s Bench and typically require more documentation and a formal hearing process.

What Happens if a Protective Order Is Violated?

Violating any type of protective order is a criminal offense in Alberta. Police can arrest the violator, and the court may impose serious penalties, including:

• Fines

• Jail time

• Additional restrictions

Victims should report violations immediately to police to ensure the court order is enforced.

Can I Stay in the Family Home?

Yes. Alberta courts can grant the victim exclusive possession of the family home, even if the property is jointly owned or leased. This provision is often part of an Emergency Protection Order or court application, ensuring that victims and their children have a safe, stable place to live.

Are There Support Services Available?

Yes. Alberta provides a range of free and confidential services to support victims of domestic violence, including:

• Shelters and transitional housing

• 24-hour crisis hotlines

• Counseling and trauma support

• Legal aid and advocacy

You can contact the Family Violence Info Line at 310-1818 (no area code needed) or reach out to local organizations and police for immediate help.

Can Domestic Violence Affect Parenting or Custody?

Yes. If domestic violence is present or alleged, Alberta courts take it into serious consideration when determining parenting arrangements. The court may:

• Limit or supervise the abusive parent’s contact with the child

• Impose conditions to ensure safety

• Prioritize the best interests and protection of the child

Parenting time may be suspended or modified based on the severity of the situation.

Can Protective Orders Be Extended or Changed?

Yes. Protective orders can be:

• Extended beyond their original duration if the risk remains

• Modified if your circumstances change (e.g., relocating, renewed threats, parenting changes)

You must apply to the court for these changes. A lawyer can help you present the evidence and arguments needed to support your request.

Do I Need a Lawyer to Get a Protective Order?

While you can apply on your own, having a lawyer provides critical advantages:

• Helps gather and present evidence

• Navigates complex legal procedures

• Ensures maximum protection under the law

• Advocates on your behalf during hearings

Legal representation is especially important in high-risk or complicated family situations.

We’re Here to Help—You’re Not Alone

At 587LAWYERS, we are committed to supporting individuals and families facing domestic violence. Our team offers respectful, confidential, and experienced legal guidance to help you protect yourself and your loved ones.

If you need help securing a protective order or understanding your legal options, contact us today. Your safety is our priority.