Emergency Protection Orders (EPO) & Restraining Orders
High-conflict family situations can quickly turn contentious and emotional, escalating tensions between the parties. As a result, it’s all too common for one party to turn aggressive or accuse the other of being violent to further their own goals.
Emergency Protection Orders and Restraining Orders are two methods established by Alberta law for dealing with matters in the family courts where a person is concerned about their safety from other people. Both of these Orders are enforced by the police and have broad powers to restrict specific types of contact or behavior between parties. If the situation is urgent, both Orders allow the claimant to appear without the other party.
Anyone who is threatened with physical violence by a current or former spouse should notify the police and seek an emergency protection order, as well as seek legal advice from a family lawyer to help them defend themselves and their family.
At Kurie Law, our family law lawyers have extensive experience in assisting clients involved with family violence. We have expertise dealing with applications made under the Protection Against Family Violence Act, whether you are an individual facing allegations of abuse intended to influence the outcome of a family court dispute or you have been the victim of violence. We have the ability to act fast, especially when emergency filings are required, such as emergency protection orders. We’ll thoroughly examine your situation before filing a comprehensive civil application in support of or in opposition to the emergency protection order with the court.
What is an Emergency Protection Order?
A person who believes they are in urgent danger of violence from a partner or former partner may obtain an emergency protection order. The emergency protection order will go into effect right away, banning the person from contacting their former spouse or children directly or indirectly. An emergency protection order may also prevent the subject from communicating with their former partner’s coworkers, extended family, or visiting the family home.
It is critical to seek legal assistance as soon as possible, as actions must be made prior to the review hearing, normally scheduled roughly eight days after the first hearing. If you violate the emergency protection order, you may be arrested and charged with a crime.
What Is A Restraining Order?
A Restraining Order is similar to an EPO in that it can prevent parties from contacting each other or going to certain locations. The parties do not have to be family members, and violence does not have to be proven if there is another solid reason for the order to be granted. A Restraining Order is issued by a Court of Queen’s Bench Justice in the first instance, however, it can be issued without prior notice to the defendant. The Restraining Order, like an EPO, would be brought back to court at a later date to allow for a response, at which point the Justice could affirm, vacate, or direct the case to trial.
Contact Us To Learn How We Can Help
Whether you are seeking an EPO or reacting to one, Kurie Law can help you through every step of the process. Please get in touch with us as soon as possible so that we can begin helping you.