An Emergency Protection Order (EPO) is a civil court order granted under Alberta’s Protection Against Family Violence Act (PAVA), RSA 2000, c P-27, that imposes immediate legal restrictions on a family member who has committed or is likely to commit family violence. In Calgary, EPOs are available 24 hours a day through the Calgary Courts Centre and Calgary Police Service.
What Is an Emergency Protection Order in Alberta?
An Emergency Protection Order (EPO) is a civil court order issued under the Protection Against Family Violence Act by a Justice of the Peace or a Justice of the Alberta Court of Justice. An EPO is typically sought when a family member fears that waiting for a standard court process would leave them or their children at immediate risk of harm.
Under the Protection Against Family Violence Act, an EPO can include any of the following conditions:
- Prohibit the respondent from contacting or communicating with the claimant and other named family members
- Require the respondent to vacate the family home, regardless of who owns it
- Restrict the respondent from attending specific locations, including the claimant’s workplace, school, or a child’s school
- Authorize a peace officer to remove the respondent from the home
- Order the seizure of the respondent’s firearms and other weapons
- Grant the claimant exclusive possession of a shared vehicle or other specified property
A Justice can include any combination of these conditions based on the circumstances. Not every EPO contains all of them.
EPOs are granted ex parte, meaning the respondent does not need to be present or notified before the order is issued. Once served by the Calgary Police Service or the RCMP, the order is enforceable immediately. The order can also be served by someone other than the police or the RCMP, and even digitally, under special circumstances, provided it is authorized by a judge or Justice of the Peace.
Family Violence Under Alberta Law
The Protection Against Family Violence Act defines family violence broadly, and physical injury is not required for an EPO to be granted.
Family violence under Alberta law includes:
- Physical abuse
- Sexual abuse
- Psychological or emotional abuse
- Threats or intimidation
- Financial abuse
- Stalking or criminal harassment
- Exposing a child to any of the above, even when the child is not the direct target
Courts consider patterns of behaviour and risk indicators, not only isolated incidents, when determining whether family violence exists. A single incident can be sufficient if it is serious enough or creates a reasonable fear that violence will continue.
Who Can Apply for an EPO?
Any family member who has experienced or has reason to fear family violence can apply for an EPO in Alberta. Under the PAVA, “family member” includes:
- Current or former spouses
- Adult interdependent partners (common-law partners)
- Individuals who live or have lived together in an intimate relationship
- Parents of a shared child, including biological and adoptive parents
- Children in the care and custody of a family member
The definition covers both current and former relationships. Police may also apply on a claimant’s behalf in urgent circumstances where the claimant cannot apply directly.
How to Apply for an Emergency Protection Order in Calgary
EPO applications in Calgary are available around the clock, but the correct contact point depends on when one applies.
At any time
Calgary Police Service or the RCMP. Officers can apply to a Justice of the Peace regardless of time.
Monday to Friday, 8:15 am to 4 pm
In person at the Calgary Court Centre. Legal Aid Alberta’s EPO duty counsel is available to assist with the application at no cost.
Evenings (4 pm to 11 pm), weekends, and statutory holidays
The Calgary Hearing Office by phone or email.
- Phone: 1-403-297-4444
- Email:hearingoffice.calgary@gov.ab.ca
Note: The Calgary Hearing Office covers all areas of Alberta from 11 pm to 7 am.
To apply by phone through the Calgary Hearing Office:
- The claimant must complete the Claimant Screening Form on the Alberta Courts website.
- The claimant emails the completed form to the Calgary Hearing Office, along with copies of both sides of a government-issued ID.
- A Justice of the Peace reviews the form and, if the application qualifies, calls the claimant to conduct the hearing by telephone. The call must be answered; the courtroom cannot receive return calls.
- If the application does not qualify for the telephone process, the claimant will be directed to apply through the police, Legal Aid Alberta, or the Alberta Court of Justice.
- Once the Justice of the Peace acknowledges that family violence has occurred, is likely to resume, and that immediate protection is necessary, the EPO is granted.
- Police serve the order on the respondent and, if required, remove them from the family home.
There is no cost to apply for an EPO. Legal Aid Alberta’s duty counsel at the Calgary Court Centre assists claimants at no charge during business hours. The initial application does not require a lawyer, though legal counsel can help document the situation clearly before the hearing.
What Happens After an EPO Is Granted?
Once an EPO is issued in Alberta, a mandatory review hearing is scheduled at the Court of King’s Bench within nine working days.
The Emergency Protection Order takes effect as soon as the police serve it on the respondent. Both parties should obtain a copy of the transcript from the initial EPO hearing. The transcript is the primary evidence record at the review and is available through the Court of King’s Bench clerk.
Before the review date, the respondent may file an Affidavit in Response, either agreeing with or disputing the transcript. This affidavit is sworn and must be filed with the Court of King’s Bench and served on the opposing party or their counsel.
At the review hearing, the King’s Bench Justice has four options:
- Confirm and extend the EPO for up to one year
- Replace the EPO with a King’s Bench Protection Order, which can include additional terms such as compensation for expenses caused by the violence
- Schedule a further oral hearing if there are credibility issues between the parties’ accounts
- Cancel the EPO
- Issue a mutual no-contact order, which applies to both parties and is sometimes agreed to in high-conflict separations where neither party is seeking ongoing protection under the PAVA
The review hearing proceeds whether or not both parties attend. If the claimant does not appear, the Emergency Protection Order may be cancelled. If the respondent does not appear, the EPO can be extended by default for up to one year. Both parties are advised to retain legal counsel before the review date, as the outcome has lasting legal consequences.
Legal Consequences of Emergency Protection Order Violations
An Emergency Protection Order is a civil order, but violating its terms carries criminal consequences in Alberta.
Police have the authority to arrest a respondent for an EPO breach without a warrant. A breach can result in criminal charges, depending on the conduct, including:
- Breach of court order
- Uttering Threats
- Criminal harassment
- Mischief
- Assault
A conviction for breaching an Emergency Protection Order results in a criminal record.
Indirect contact is also a breach. Asking a family member, mutual friend, or child to pass a message to the applicant carries the same legal consequences as contacting them directly. The only permissible communication between parties while an EPO is in effect is through legal counsel, with both sides retaining lawyers who correspond on their behalf.
Anyone who believes the EPO is being violated should call 911 immediately and document the date, time, and nature of the breach.
What If a Person is Wrongly Named in an Emergency Protection Order?
A respondent served with an Emergency Protection Order in Alberta is legally bound by its conditions from the moment of service, regardless of whether the allegations are disputed.
Contacting the applicant to resolve the matter informally is a breach of the EPO. This applies to indirect contact as well. Messages passed through family members, mutual friends, or children carry the same legal consequences as direct contact.
The transcript from the initial EPO hearing is the primary evidence record. It contains the full account the applicant gave to the court and is available through the Court of King’s Bench clerk. Respondents have the right to file an Affidavit in Response, either affirming or disputing the transcript, before the review date. The affidavit must be filed with the Court of King’s Bench and served on the opposing party or their counsel.
The review hearing, scheduled within nine working days, is the formal proceeding in which the respondent has the opportunity to present their position. Legal counsel can appear on a respondent’s behalf. If the respondent does not attend, the court may, by default, extend the Emergency Protection Order for up to one year.
Emergency Protection Orders and Parenting Arrangements
An Emergency Protection Order can include provisions affecting children, but it does not determine decision-making responsibility and parenting time under Alberta’s family law framework.
An EPO may prohibit the respondent from contacting or approaching children named in the order and may grant the claimant exclusive possession of the family home, regardless of ownership, which affects where children reside during the EPO period. These are interim protective measures, not custody rulings.
Formal parenting arrangements and custody are governed by Alberta’s Family Law Act and are addressed in separate proceedings, typically after the EPO review hearing has concluded. At the review hearing, the Court of King’s Bench may convert the EPO into a King’s Bench Protection Order, which may include additional terms regarding parenting time.
How Kirk Montoute Dawson LLP Can Help With Emergency Protection Orders
Kirk Montoute Dawson LLP is a Calgary family law firm that helps clients navigate EPO applications, EPO review hearings, and family violence matters under the Protection Against Family Violence Act, as well as the parenting, custody, and property issues that frequently arise in their aftermath.
The family lawyers at Kirk Montoute Dawson LLP have appeared before all levels of court in Alberta and also provide mediation and arbitration services for parties who reach a point where contested issues can be resolved outside of litigation.
Schedule a consultation with a family law lawyer at Kirk Montoute Dawson LLP for assistance with an Emergency Protection Order
Frequently Asked Questions
What evidence do I need to apply for an EPO?
No physical evidence or police reports are required to apply for an EPO in Alberta. The application is based on a verbal account given to a Justice of the Peace or Justice of the Alberta Court of Justice. The Justice considers the claimant’s description of what happened, whether violence is likely to continue, and whether the situation is urgent. Supporting documentation, photographs, medical records, or witness information can strengthen an application, but are not required to proceed.
Does getting an EPO give me custody of my children?
No. An EPO is not a custody order. It can restrict the respondent’s contact with children and grant exclusive possession of the family home, but formal custody and parenting time are determined in separate proceedings under Alberta’s Family Law Act.
Can I apply for an EPO on behalf of my child?
Yes. A parent, guardian, or other person can apply for an EPO on behalf of a child, with the authorization of a Justice. Police and Children’s Services can also initiate an EPO application on behalf of a child. The order can include provisions specifically protecting named children, such as prohibiting the respondent from contacting or approaching them.
What happens if the respondent refuses to leave the home after the EPO is served?
Police have the authority to physically remove a respondent from the family home when an EPO is served. The order can specifically direct police to remove the respondent and supervise them while they collect personal belongings. If the respondent refuses to comply, that refusal is a breach of the order, and police can arrest them without a warrant.
What happens if I miss the EPO review hearing?
The review hearing proceeds regardless of attendance. If the claimant does not appear, the EPO may be cancelled. If the respondent does not appear, the EPO may be extended by default for up to one year.
Can an EPO be changed or cancelled before the review hearing?
Either party can apply to the Court of King’s Bench to vary or cancel an EPO before the scheduled review date, but the order remains in full force until a court grants the variation or cancellation. Reconciliation between the parties does not automatically cancel the order. Breaching an EPO on the basis that both parties agreed to resume contact is still a breach.
Is mediation an option when an EPO is involved?
Mediation is generally not appropriate in situations involving active family violence. Power imbalances created by violence make negotiation between parties unsafe and unlikely to produce agreements that hold. Courts and legal organizations in Alberta consistently advise against mediation as a response to the circumstances that give rise to an EPO. Family law lawyers, such as Kirk Montoute Dawson LLP, can advise on whether and when alternative dispute resolution is appropriate in a specific situation.
What are Calgary emergency family law orders?
“Calgary emergency family law orders” can refer to several types of orders. These are the distinct legal tools governed by different legislation in distinct circumstances:
- An Emergency Protection Order is a short-term civil order granted under the PAVA by a Justice of the Peace or Alberta Court of Justice Justice, without notice to the respondent. It is available only in urgent family violence situations and is reviewed by the Court of King’s Bench within nine working days.
- A King’s Bench Protection Order (KBPO) is longer-term, lasting up to one year, and can include additional terms that an EPO cannot, such as compensation for expenses caused by the violence. A KBPO can replace an EPO at the review hearing or be applied for separately with notice to the respondent.
- A restraining order is a civil order available under different legislation and outside the family violence context.
- A peace bond is a criminal court tool that can be used against anyone, including non-family members, but requires a lengthier criminal court process to obtain.
Can I retrieve my belongings from the home after being removed by an EPO?
An EPO can include a condition directing police to supervise the respondent while they collect personal belongings from the family home. If that condition is not included in the order, the respondent cannot re-enter the home unilaterally. Contact Calgary Police Service to arrange a supervised retrieval. Without police supervision, entering a location listed in the EPO constitutes a breach regardless of the reason.