Whenever there is a domestic dispute between spouses or partners and the police are called, one of the most common and immediate suggestions the police may offer is for one party to seek an Emergency Protection Order (EPO). This is especially common where the dispute does not reach the level of a criminal charge.
In Alberta, EPOs are designed to provide swift relief for individuals facing imminent harm. An EPO can offer safety and peace of mind while longer-term solutions are pursued. In this blog, we will discuss what an Emergency Protection Order is, who can apply for one, the process of obtaining one, and the consequences of non-compliance.
What is an Emergency Protection Order (EPO)?
An EPO is a court order issued by the Alberta courts that provides immediate protection to individuals at risk of family violence. Family violence includes physical violence, emotional abuse, psychological abuse, financial control, and sexual abuse. An EPO can offer various provisions, depending on the specific needs of the victim, including:
- Exclusive Possession of Home, which removes one party from the family home.
- No Contact which prohibits one party from contacting or communicating with the victim and their family.
- Child Custody and Access which providestemporary custody arrangements for any children involved.
EPOs are typically granted quickly, often on the same day as the application is filed, making them a crucial tool for those facing urgent situations of family violence.
Who Can Apply for an Emergency Protection Order?
Anyone at risk of family violence or harm can apply for an Emergency Protection Order in Alberta. This includes:
- Spouses: Current and former spouses (both married and common-law).
- Parents: A parent can apply for an EPO on behalf of their child if the child is in immediate danger.
- Family Members: Other family members, such as siblings or extended family, may also apply if they are at risk of harm.
Importantly, an EPO can be applied for even if the individual applying is not the primary victim of the violence but is concerned for someone else’s safety, such as children or vulnerable adults.
When Can You Apply for an Emergency Protection Order?
An EPO can be requested when there is imminent danger or a credible threat of family violence. Some common examples of situations where an EPO may be appropriate include:
- Physical abuse: If you or someone you know has been hit, slapped, kicked, or otherwise physically harmed.
- Threats of harm: If the abuser has made threats of violence or harm against you or others.
- Psychological abuse: If you are being manipulated, belittled, or controlled by the abuser.
- Sexual abuse: Any form of unwanted sexual activity or threats of sexual violence.
- Harassment: If you are being repeatedly harassed, stalked, or monitored by the abuser.
In emergency situations where the victim’s safety is at immediate risk, the EPO provides swift protection. A full hearing for a more permanent protection order will typically be scheduled within a few days, but the EPO acts as a temporary measure to prevent further harm.
The Process of Applying for an Emergency Protection Order
The application process for an EPO in Alberta is relatively straightforward but requires a serious commitment to detail. Here’s a general overview of the process:
- File an Application: To begin, you must file an Application for Emergency Protection Order at the Alberta Court of Justice (formerly called the “ProvincialCourt). The application can be done by the individual seeking protection or by someone on their behalf (such as a lawyer or a victim services worker, or sometimes the police). The applicant will need to provide evidence of the violence or threat of harm.
- Emergency Hearing: Once the application is filed, an emergency hearing will be scheduled, often the same day. The court will review the application and, if there is enough evidence to show that there is immediate risk, will issue the EPO.
- Temporary Protection: If the court grants the EPO, the order will take effect immediately, providing temporary relief and protection. The Respondent may be ordered to leave the residence, cease contact with the victim, surrender any weapons, and adhere to other terms specified by the court.
- Service of the Order: After the order is granted, the Respondent must be formally notified (served) of the EPO. The police or another process server will deliver the order, ensuring the they understands the terms and consequences of violating the order.
- Review and Full Hearing: The Emergency Protection Order is reviewed at a follow-up hearing after about 1 week where the court will determine whether the EPO should be extended, modified, or replaced with a longer-term order such as a Protection Order or Restraining Order.
What Happens If the Emergency Protection Order is Violated?
Violating an Emergency Protection Order is a serious offense in Alberta. If the abuser breaches the order—by returning to the residence, contacting the victim, or violating any other terms—they can face criminal charges. Violating the EPO may result in an arrest and criminal prosecution. In some cases, breaching an EPO can lead to severe penalties, including imprisonment.
Benefits of an Emergency Protection Order
An EPO offers numerous benefits, particularly for individuals who are in immediate danger and need protection. The key advantages include:
- Swift Relief: The EPO is granted quickly, providing immediate protection for the victim.
- Peace of Mind: Knowing that there is a legal framework in place that protects your safety allows you to take necessary steps for recovery and long-term safety.
- Temporary but Effective: While a more permanent solution is pursued, the EPO provides temporary relief that allows victims to begin the process of healing, seeking counseling, or finding a safe place to live.
Emergency Protection Orders are an essential part of Alberta’s family law framework, designed to provide immediate protection for individuals at risk of family violence. If you or someone you know is experiencing violence or threats of harm, don’t hesitate to seek help. Our experienced team at Song Law Office is committed to ensuring your safety and providing the support you need to navigate these difficult times. Please contact us for a free consultation today.