Protection Orders

Emergency protection order (EPO)

  • when violence or threatening behaviour occurs between family members
  • must be a need for immediate protection
  • the police can obtain an EPO if they’re investigating a domestic disturbance
  • can be used to remove an offender from their home and prevent their return
  • you can apply for an EPO from the Provincial Court without notice to the other
  • an EPO must be reviewed by a judge within 9 working days
  • a judge can replace an EPO with a Queen’s Bench protection order

Queen’s Bench protection order

  • the need may not be as urgent as the need for an EPO
  • application is done with notice to the other party
  • you can apply directly in the Court of Queen’s Bench for the order
  • the judge can also order that money be repaid if there were expenses because of the

Restraining order in family violence situations

  • applies to people who’ve lived together in a relationship
  • obtained in the Court of Queen’s Bench
  • the other party doesn’t need to be notified
  • a review date is set
  • you must be afraid for your physical safety
  • you must file a Restraining Order Application form
  • isn’t used to settle property disputes
  • there are no filing fees for a restraining order
  • there are no filing fees for a restraining order
  • you can often get the order within the same day
  • the restraining order is usually in place for 3 months or permanently, if
  • if you disobey this order, you can be arrested

Restraining orders in other cases

  • apply to cases between neighbours, coworkers, those in dating relationships, parents
    and adult children
  • you’ve been threatened with violence or assaulted
  • file a Statement of Claim with the Court of Queen’s Bench
  • there are no filing fees
  • you must make a court application for the restraining order
  • you notify the other party
  • the restraining order is usually in place for 3 months or permanently, if
  • if you disobey this order, you can be arrested

Peace bond

  • a complaint is made to the police
  • requires an individual to have no contact with persons named in the order
  • requires an individual to stay away from specific locations
  • non-emergency situations
  • if you fear for your safety, then a peace bond can be ordered
  • the same procedure for both family and non-family individuals
  • accused is arrested and given a notice to appear in court
  • the peace bond doesn’t create a criminal record
  • if ignored, the person is charged with a criminal offence
  • a bond can be in place for up to a year
  • at court, the accused is asked if they’ll agree to a peace bond:
    • if they agree, the bond is prepared for them to sign, and the matter is
    • if they won’t sign, the matter is set for trial (several weeks or months

Bail conditions or criminal orders

  • when a person is arrested for violent or threatening crimes, their bail conditions
    usually state ‘no contact with the complainant’
  • if the person ignores the conditions, they could have their bail cancelled and spend
    the rest of their time awaiting trial in jail
  • when a person is convicted of a violent offence, the sentence often includes a term
    of probation
  • the probation order often includes a number of conditions

Clare’s Law information

The Disclosure to Protect Against Domestic Violence (Clare’s Law) Act gives people who feel at risk of domestic violence a way to get information about their partners so they can make informed choices about their safety. Alberta’s version of Clare’s Law is named after a young woman was murdered by an ex-boyfriend with a history of violence against women.

People at risk can find out if their partner has a history of:

  • domestic violence
  • stalking or harassment
  • breaches of no contact orders
  • other relevant acts

This legislation provides a framework to:

  • Disclose information to a person-at-risk of DV regarding their intimate partner’s
    history of violence;
  • Allow third parties, with consent and under specific conditions, to apply for
    disclosure on behalf of a person they feel is at risk for DV; and
  • Allow police services, under specific conditions, to disclose information to
    potential victims pro-actively.
  • Any Albertan can apply, not all Albertans are eligible**
  • Someone who applies for disclosure on behalf of someone else is referred to as a
    third-party applicant.

    • a third party must: have the consent of the person on whose behalf they are
      applying; OR have legal authority of the person they are requesting
      disclosure on behalf of e.g. legal guardian

An intimate partner relationship is a relationship between two people, regardless of gender, which can be reasonably characterized as being physically or emotionally intimate, or both. This would include current and former dating relationships, current and former common-law relationships and current and former marriage relationships.

Clare’s Law Process

  • Initiation & Validation
    • Confirm basic information & PIC check
    • Determine eligibility
    • Offer services and supports
  • Risk Assessment
    • Analysis of relevant information
    • Determination of risk level
    • Preparation of disclosure package & coordination with police services
  • Disclosure
    • Schedule & conduct disclosure interview
    • Offer services & supports
    • Close file

If you are interested in starting the application process for Clare’s law please contact your local Police or Victim Service Unit. Or visit to fill out an application online.