EPO in Alberta – Emergency Protection Orders
An Emergency Protection Order (“EPO”) can be granted by Courts in Alberta in order to protect a party from family violence.
Family Violence
Family violence can include harm to a family member by way of property damage, intimidation, injury, forced confinement, sexual abuse and stalking.
How do you get an Emergency Protection Order in Alberta?
In order to get an EPO, a party can seek assistance from the local police or personal attendance to the Court of Justice of Alberta to apply for an EPO.
How will court assess if an EPO is warranted
When you apply for an EPO, the court must assess whether:
- Family violence has occurred;
- The claimant has reasons to believe that family violence will continue; and
- As a result of urgency, an order should be granted to provide immediate protection.
The court may consider the following circumstances:
- History of violence;
- Family violence is repeating or increasing;
- Controlling behavior;
- Immediate danger;
- Property damage;
- Exposure to elderly and children; and
- A need for a safe environment.
Categories of family members
- Married couples, adult interdependent partners or those residing together in an intimate relationship;
- Persons that relate to each other through blood, marriage, adoption;
- Those that share children together;
Our experienced Calgary Family Lawyers can assist you if you are seeking an Emergency Protection Order or have been served with one.
Served with an EPO
If you have been served with an EPO, our Calgary Family Lawyers can assist you with legal advice with respect to options available to you, which can include:
- Contesting the Emergency Protection Order;
- Replacing it with a Mutual No Contact Order; and
- Consenting to the Emergency Protection Order.
If you have been served with an Emergency Protection Order, please ensure that you do not contact the Claimant either directly or indirectly. A breach of an Emergency Protection Order will result in arrest and possible criminal charges.
If you have been served with an Emergency Protection Order, our experienced Family Lawyers can assist you to draft a response Affidavit and discuss the appropriate steps for your matter.
Please contact OP Lawyers LLP to immediately for assistance.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified family lawyer at OP Lawyers LLP or another legal professional.