In this section… 

You will learn how to apply for an Emergency Protection Order (EPO) if you are facing family violence, even if you are not a permanent resident. It explains what steps to take if your EPO is violated, how to defend your case if the abuser challenges the order, and what longer-term protections, such as King’s Bench Protection Orders, Restraining Orders, and Peace Bonds, are available to help ensure your safety.

Outline the process of acquiring an EPO when I am NOT a permanent resident?

This section provides a comprehensive response to key legal questions surrounding the process of obtaining an Emergency Protection Order (EPO) under Alberta’s Protection Against Family Violence Act (PAFVA). It also outlines the eligibility criteria for acquiring an EPO, the legal procedure that individuals facing family violence can follow and the process for contesting an EPO, and the long-term legal protections beyond an EPO.

Determining Eligibility for an EPO:

To obtain an Emergency Protection Order (EPO) under Alberta’s Protection Against Family Violence Act (PAFVA), an individual must meet specific criteria:

The applicant must be experiencing family violence, which may include:

• Physical abuse
• Threats
• Intimidation
• Stalking
• Property damage
• Forced confinement

Additionally, the abuser must be a family member, such as a spouse, common-law partner, parent, child, or someone with whom the applicant shares a child, and there must be an urgent need for protection to justify the issuance of the order.

Process of acquiring an EPO:

Individuals seeking an EPO can apply at any time, as applications are accepted 24/7. Applications can be made through the Provincial Court of Alberta during regular courthouse hours or the Court of King’s Bench for longer-term protection.

Alternatively, police officers or RCMP detachments can assist in filing an application. Legal assistance programs, such as Legal Aid Alberta or family violence prevention organizations, are also available to support applicants throughout the process.

What happens after I apply?

Once an application is submitted, a judge or justice of the peace (JP) will review the case to determine whether an EPO should be granted. Thus, it is necessary that an applicant provide specific details about the incidents of violence and demonstrate why immediate protection is necessary.
If the judge grants the EPO, it will include restrictions on the abuser, such as no-contact provisions or removal from a shared residence.

If you feel nervous about what to say, a support worker or duty counsel can help you prepare your statement before you speak to a judge.

After an EPO is issued, it must be formally served to the respondent (the alleged abuser) by law enforcement or a designated authority.
Police are responsible for ensuring the respondent complies with the order and will take necessary enforcement actions if the respondent violates any of its terms.
Within nine working days of issuance, a justice from the Court of King’s Bench will review the EPO to determine whether it should remain in effect, be modified, or be revoked. At the review, both you (the applicant) and the respondent have the right to present their arguments in court. 

What legal steps can I take if I feel my EPO is being violated?

If you believe your Emergency Protection Order (EPO) is being violated in Alberta, you have several legal options to ensure your safety and hold the offender accountable:

Can the abuser contest the EPO, and if so, how can I prepare to defend my case?

In Alberta, an abuser has the right to challenge an Emergency Protection Order (EPO). According to the Protection Against Family Violence Act, the Court of King’s Bench must review all EPOs within nine business days of being issued. During this review, the respondent (the abuser) can submit evidence and arguments to request that the order be modified or dismissed.

This is what you can do to effectively defend your case:

Step 1: Gather strong evidence

Gather strong evidence, including detailed documentation of all incidents with dates, times, locations, and descriptions of threats or violence

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Be sure to keep copies of the following that would demonstrate harassment or intimidation:

Text messages 

Emails

Voicemails

Social media messages

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If available, also obtain:

Medical reports

Police record

Shelter documentation

Witness statements from family, friends, neighbors, or coworkers who have observed the abuse

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Step 2: Get Legal Help

Understand your rights

Organize your case

Speak in court if needed

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If you already have a Legal Aid file, write down your file number and bring it to the court.

Be present at the Court

Ensure your presence at the Court of King’s Bench review and any subsequent hearings

Bring all supporting documents to court to strengthen your case and demonstrate the ongoing need for protection

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Failure to attend court may result in the judge cancelling the order.

Are there any long-term legal protections available beyond the EPO, and how can I access them?

Yes, Alberta offers long-term legal protections beyond an Emergency Protection Order (EPO). These include King’s Bench Protection Orders (KBPOs), Restraining Orders, and Peace Bonds, each providing varying levels of protection based on your specific situation.