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Family Violence Protection in Alberta

If you or your children are experiencing family violence, Alberta law provides several legal protections. This comprehensive guide explains your options for obtaining protection orders, creating safety plans, and accessing resources in Edmonton and throughout Alberta.

If You Are in Immediate Danger

Call 911 immediately.

Alberta Family Violence Info Line: 310-1818 (available 24/7, no area code needed)

Edmonton's WIN House 24-Hour Crisis Line: 780-479-0058

National Domestic Violence Hotline: 1-800-799-7233

Understanding Family Violence Under Alberta Law

Family violence in Alberta is defined broadly under the Protection Against Family Violence Act (PAFVA) and includes far more than physical abuse. Understanding what constitutes family violence is important for recognizing when legal protection is available.

Legal Definition of Family Violence

Under Alberta law, family violence includes:

  • Physical abuse: Any intentional use of force causing bodily harm, including hitting, pushing, choking, or using weapons
  • Sexual abuse: Any forced or coerced sexual activity, including within marriage
  • Psychological or emotional abuse: Intimidation, threats, harassment, controlling behaviour, constant criticism, or isolation from family and friends
  • Financial abuse: Controlling access to money, preventing employment, taking earnings, or destroying property
  • Stalking and harassment: Following, watching, repeated unwanted contact, or threats
  • Threats to harm: Threats against you, your children, family members, or pets
  • Forced confinement: Preventing you from leaving the home or restricting your movements
  • Damage to property: Destroying possessions, home, or pets

The 2021 amendments to the federal Divorce Act also recognize family violence as a key factor in custody determinations, defining it similarly to include both direct violence and exposure of children to violence between family members.

Who Qualifies as a Family Member

Protection under the Protection Against Family Violence Act is available when the violence involves a "family member," which Alberta law defines broadly to include:

  • Current or former spouses
  • Current or former adult interdependent partners (common-law partners)
  • Current or former dating partners
  • Parents and children (including step-parents and step-children)
  • Siblings
  • Grandparents and grandchildren
  • Other relatives who live together
  • Persons who share parental responsibilities for a child

You do not need to be married or currently living with the abuser to qualify for protection.

Emergency Protection Orders (EPOs)

An Emergency Protection Order is the fastest way to obtain legal protection from family violence in Alberta. EPOs are designed for urgent situations where you need immediate protection and cannot wait for regular court proceedings.

How to Obtain an EPO

EPOs can be obtained 24 hours a day, 7 days a week, including weekends and holidays. You can apply for an EPO through:

  • Police: Contact Edmonton Police Service or RCMP, who can help you apply
  • Victim services: Contact a victim services unit who will assist with the application
  • Family violence shelters: Staff can help you apply for an EPO
  • Lawyers: A family lawyer can prepare and submit the application

The application is made to a Justice of the Peace by telephone or in person. You do not need to attend court in person for an emergency application. The Justice of the Peace will ask you questions under oath about the violence you have experienced.

What an EPO Can Include

An Emergency Protection Order can contain various provisions depending on your circumstances:

  • No contact order: The respondent cannot contact you or your children directly or indirectly
  • Exclusive possession of the home: The respondent must leave the family residence, even if they own or rent it
  • Temporary custody of children: You can have temporary custody and decision-making responsibility
  • Police assistance: Police can accompany you to collect personal belongings
  • Possession of vehicles: You may be granted use of family vehicles
  • Possession of personal items: Identification, clothing, personal effects
  • Stay away provisions: The respondent must stay away from your home, workplace, children's school, and other specified locations
  • Surrender of weapons: Firearms and other weapons must be surrendered to police

The EPO Review Process

An EPO is temporary and must be reviewed by a judge of the Court of King's Bench within 9 working days of being granted. At the review hearing:

  • The respondent has the opportunity to attend and present their side
  • You may need to provide additional evidence or testimony
  • The judge can confirm the EPO (make it continue in force)
  • The judge can vary the EPO (change its terms)
  • The judge can revoke the EPO if they find it was not warranted

It is strongly recommended that you have a lawyer represent you at the review hearing. If you cannot afford a lawyer, contact Legal Aid Alberta as family violence cases are often prioritized.

King's Bench Protection Orders

For longer-term protection, you can apply for a Protection Order from the Court of King's Bench (formerly Queen's Bench). These orders provide more comprehensive and lasting protection than EPOs.

Differences from EPOs

King's Bench Protection Orders differ from EPOs in several important ways:

  • Duration: Can last up to one year and can be renewed
  • Process: Requires a formal court application and hearing
  • Timing: Takes longer to obtain than an emergency EPO
  • Evidence: Allows for more comprehensive evidence presentation
  • Scope: Can include additional provisions not available in EPOs

What a King's Bench Protection Order Can Include

In addition to all provisions available in an EPO, a King's Bench Protection Order may include:

  • Mandatory counselling or treatment programs for the respondent
  • Compensation for monetary losses caused by the violence
  • Seizure of weapons for an extended period
  • Restrictions on communication through third parties
  • More specific parenting arrangements

Working with an experienced family lawyer is essential when seeking a King's Bench Protection Order. The application process requires careful preparation of evidence, affidavits, and court documents.

Protection Orders vs. Restraining Orders: Understanding the Difference

Many people confuse protection orders with restraining orders. While both provide protection from an abuser, they arise from different legal frameworks.

Protection Orders (Civil)

  • Obtained under the Protection Against Family Violence Act
  • You apply for them directly through civil court
  • Available for family violence situations specifically
  • Can include provisions for children, property, and exclusive possession of home
  • Breach is a criminal offence

Restraining Orders / Peace Bonds (Criminal)

  • Imposed through the criminal justice system
  • May be conditions of bail, probation, or a peace bond under the Criminal Code
  • Typically imposed when criminal charges have been laid
  • You don't apply for them directly; they result from criminal proceedings
  • Breach is a criminal offence that can result in additional charges

No Contact Orders

  • Usually conditions of release (bail) after criminal charges
  • Imposed by criminal court, not requested by victim directly
  • Remain in effect until charges resolved or order varied
  • Breach can result in arrest and denial of bail

In many cases, you may have both a protection order and a no-contact order in effect simultaneously. Both provide protection, and breach of either can result in criminal consequences.

How Family Violence Affects Child Custody in Alberta

Family violence is one of the most significant factors courts consider when making custody and parenting decisions. Both the federal Divorce Act and Alberta's Family Law Act require courts to consider any history of family violence.

The 2021 Divorce Act Amendments

The 2021 amendments to the Divorce Act significantly strengthened the consideration of family violence in custody decisions. Courts must now consider:

  • The nature, seriousness, and frequency of the family violence
  • Whether there is a pattern of coercive and controlling behaviour
  • Whether the violence was directed at the child or whether the child was exposed to it
  • The physical, emotional, and psychological harm to the child
  • Any steps the violent person has taken to prevent further violence
  • Any other relevant factor

Possible Custody Outcomes in Family Violence Cases

When family violence is established, courts may order:

  • Sole custody to the victim parent: The violent parent may be denied decision-making responsibility
  • Supervised access: The violent parent may only see children under professional supervision
  • No direct contact: Exchanges may need to occur through third parties or supervised exchange centres
  • Restricted communication: Communication may be limited to specific methods (such as email only)
  • No overnight access: The violent parent may be limited to daytime visits only
  • No access: In severe cases, all contact may be denied

For more information on custody arrangements, see our guides on child custody explained and high-conflict protection strategies.

Gathering Evidence Safely

Documentation is important for protection order applications and custody proceedings, but your safety must always come first. Never put yourself at risk to gather evidence.

Types of Evidence to Preserve

  • Photographs: Injuries, property damage, threatening notes
  • Medical records: Hospital visits, doctor appointments related to injuries
  • Police reports: Any incidents reported to police
  • Text messages and emails: Threatening or abusive communications
  • Voicemails: Threatening or harassing messages
  • Witness statements: Friends, family, neighbours who witnessed abuse
  • Journal entries: Dated records of incidents as they occurred
  • Social media posts: Threatening or harassing content (see our social media guide)

Safe Evidence Storage

Store evidence where your abuser cannot find or destroy it:

  • Send copies to a trusted friend or family member
  • Use a secure cloud storage account your abuser doesn't know about
  • Keep physical copies at work or with a trusted person
  • Provide copies to your lawyer as soon as possible
  • Do not keep evidence only on devices your abuser can access

Safety Warning

If your abuser monitors your devices, be cautious about gathering or storing digital evidence. Consider using a device at work, a library, or a friend's home. Many abusers check phone records, browser history, and cloud accounts. Your safety is more important than any evidence.

Creating a Safety Plan

Whether you are planning to leave or need to stay safer while remaining in the home, a safety plan is essential. Safety planning should be done with the help of professionals at a family violence agency whenever possible.

Key Elements of a Safety Plan

If You Are Preparing to Leave

  • Identify safe places: Know where you can go (shelter, family, friends)
  • Prepare essential documents: Identification, health cards, children's documents, financial records
  • Set aside emergency funds: Cash your abuser doesn't know about
  • Pack an emergency bag: Keep it hidden or with a trusted person
  • Memorize important numbers: Shelter hotlines, trusted contacts, lawyer
  • Plan for pets: Many shelters now accept pets or can arrange foster care
  • Know your routes: Multiple ways to leave your home and neighbourhood

If You Must Stay Temporarily

  • Identify danger zones: Avoid rooms with weapons or limited exits during arguments
  • Know your exits: Plan escape routes from each room
  • Code word: Establish a code word with trusted people that means "call 911"
  • Keep phone charged: Have a way to call for help
  • Trust your instincts: If you sense danger is escalating, leave if you safely can

After You Leave

  • Obtain protection orders immediately
  • Change routines and routes to work, school, and regular activities
  • Inform children's school or daycare about who can pick up children
  • Consider changing locks if you remain in the home
  • Document any protection order violations
  • Continue working with victim services and your lawyer

Family Violence Resources in Edmonton

Edmonton has numerous resources available to victims of family violence. These organizations provide shelter, counselling, legal assistance, and other support services.

Emergency Shelters

  • WIN House: 780-479-0058 (24-hour crisis line) - Emergency shelter for women and children
  • WINGS of Providence: 780-361-1495 - Shelter and transitional housing
  • La Salle: 780-428-1411 - Emergency shelter for women and children
  • Lurana Shelter: 780-424-5875 - Emergency shelter

Support Services

  • Alberta Family Violence Info Line: 310-1818 (24/7, no area code needed)
  • Edmonton Police Service Victim Services Unit: 780-421-2217
  • Edmonton John Howard Society: Support for male victims
  • YWCA Edmonton: 780-423-9922 - Counselling and support programs
  • Catholic Social Services: Counselling and family support

Legal Resources

  • Legal Aid Alberta: 1-866-845-3425 - Free legal services for qualifying individuals
  • Edmonton Community Legal Centre: 780-702-1725 - Free legal advice
  • Alberta Law Line: 1-844-385-1336 - Free legal information
  • Elizabeth Chicken Law Centre: 780-423-1635 - Legal services for Indigenous people

For more information about accessing legal services, see our guide on the legal aid process in Alberta.

When Protection Orders Are Violated

Violation of an EPO, King's Bench Protection Order, or criminal no-contact order is a serious criminal offence in Alberta. Understanding how to respond to violations is important for your safety.

What Constitutes a Violation

  • Direct contact (in person, phone, text, email, social media)
  • Indirect contact through third parties
  • Coming to prohibited locations (home, work, school)
  • Following or watching you
  • Sending gifts or letters
  • Creating new social media accounts to contact you
  • Having others deliver messages

Steps to Take if Your Order is Violated

  1. Ensure your immediate safety: Leave the area if necessary and go somewhere safe
  2. Call 911 if you feel unsafe: Police can arrest the person for breach
  3. Document the violation: Write down date, time, location, what happened, any witnesses
  4. Preserve evidence: Screenshot messages, save voicemails, keep any items left
  5. Report to police: Even if you didn't call 911, file a report
  6. Contact your lawyer: Discuss next steps and potential court applications
  7. Do not respond: Any response could complicate the violation charge

Consequences for Violating Protection Orders

Breach of a protection order under the Protection Against Family Violence Act is a criminal offence punishable by:

  • Arrest and detention
  • Criminal charges
  • Fines up to $5,000 for a first offence
  • Imprisonment for up to 6 months for a first offence
  • Increased penalties for subsequent offences

Frequently Asked Questions

What is an Emergency Protection Order (EPO) in Alberta?

An Emergency Protection Order (EPO) is a court order available under Alberta's Protection Against Family Violence Act that provides immediate protection from family violence. EPOs can be obtained 24/7 through a Justice of the Peace, even outside regular court hours. They can include provisions for no contact, removal from the family home, temporary custody of children, and other protective measures.

How long does an Emergency Protection Order last in Alberta?

An EPO is temporary and must be reviewed by a Court of King's Bench judge within 9 working days. At the review hearing, the judge may confirm, vary, or revoke the EPO. If you need longer-term protection, you should apply for a King's Bench Protection Order, which can last up to one year and be renewed.

What is the difference between an EPO and a restraining order in Alberta?

An EPO is a civil order under the Protection Against Family Violence Act specifically for family violence situations, obtained through a Justice of the Peace. A restraining order (or peace bond) is typically a criminal court order imposed as a condition of bail, probation, or a peace bond under the Criminal Code. EPOs focus on immediate family protection, while restraining orders arise from criminal proceedings.

How does family violence affect child custody decisions in Alberta?

Family violence is a critical factor in custody decisions under both the federal Divorce Act and Alberta's Family Law Act. Courts must consider any history of family violence when determining the best interests of the child. This includes violence against the other parent or children. Evidence of family violence can result in supervised access, restricted parenting time, or denial of custody to the violent parent.

Can I get an EPO if I'm not married to my abuser?

Yes, EPOs are available for any family violence situation, regardless of marital status. Under the Protection Against Family Violence Act, "family member" includes current or former spouses, adult interdependent partners, dating partners, parents, children, and other family relationships. You do not need to be married or living together to qualify for protection.

What should I do if my protection order is violated?

Violation of a protection order is a serious criminal offence in Alberta. If your EPO or King's Bench Protection Order is breached, call 911 immediately if you feel unsafe. Report the violation to police, document the breach with dates, times, and any evidence, and contact your lawyer. Violations can result in criminal charges, arrest, and imprisonment.

Related Resources

For more information on topics related to family violence and family law, explore these resources:

Need Help with Family Violence Protection?

Our Edmonton family lawyers have extensive experience helping victims of family violence obtain protection orders and navigate custody proceedings. We understand the urgency and sensitivity of these matters and can help you take steps to protect yourself and your children.

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