Emergency Protection Orders (EPOs) 101: A Guide for Claimants

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

An Emergency Protection Order (EPO) is an urgent Court Order designed to protect individuals who are victims of family violence. EPOs are granted under the Protection Against Family Violence Act, RSA 2000, c P-27 (the “Act”). They are similar to what is commonly known as a restraining order; however, EPOs are specific to violence or a threat of violence between family members only.

To obtain an EPO, the court must determine the following three things (Section 2(1) of the Act):

1. Family Violence has occurred;
2. The person seeking the EPO has reason to believe that the family member will continue or resume carrying out family violence, and 
3. There is seriousness or urgency, and immediate protection is required. 

“Family violence” is a relatively broad term, and as such, it is broken down and defined in the Act in Section 1(1)(e) as the following: 

 (i)    any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a family member,

(ii)    any act or threatened act that intimidates a family member by creating a reasonable fear of property damage or injury to a family member,

(iii)    forced confinement;

(iv)    sexual abuse, and

(v)    stalking.

How can I get an EPO?

If you have been assaulted, attacked or feel threatened, your first step should always be to phone the local police or RCMP.  They can ensure your immediate safety and may assist in getting you to a place where you can seek an EPO.

Often, if the Police or RCMP believe it is necessary, they will suggest that you apply for an EPO or may even assist and/or make the application for you. This is not always the case, though, so it is good to understand your legal rights so that you can make the call and application on your own if needed.

Contact your local court’s hearing office if you need to apply for an EPO independently. EPOs are initially granted by a Justice or a Justice of the Peace in the Alberta Court of Justice. Depending on your location, further information on who to contact can be found here on the Alberta Government website.

You will either attend in person at your local courthouse or will receive a phone call from a Presiding Justice or Justice of the Peace. This will be your chance to explain your situation and why you feel you need an EPO.

In this situation, it is important to remain as calm as possible and provide detailed and clear information.

The Justice or Justice of the Peace may ask you specific questions so that they can get the information they need to make a decision – make sure that you are listening and answering their questions adequately.

The Justice or Justice of the Peace can consider many things in their decision.

However, Section 2(2) of the Act provides a number of key pieces that the Court must consider. It would therefore be helpful to keep these things in mind so that you can provide evidence in each area:

• The history of family violence by the respondent toward the claimant and other family members;
• Whether there is or has been controlling behaviour by the respondent towards the claimant or other family members;
• Whether the family violence is repetitive or escalating;
• The existence of any immediate danger to persons or property;
• The vulnerability of elderly claimants;
• The effect of exposure to family violence on any child of the claimant or on any child who is in the care and custody of the claimant;
• The best interests of the claimant and any child of the claimant or any child who is in the care and custody of the claimant, and
• The claimant’s need for a safe environment to arrange for longer‑term protection from family violence.

At the end of your hearing, whether in person or over the phone, the Justice or Justice of the Peace will decide whether to grant an EPO or not. If the EPO is granted, the court will draft an Order, and a copy will be served to the Respondent by the police. You will be given a date, usually within 10 days, to return to court to review the EPO. The purpose of the review date is to allow the Respondent to provide their response and evidence if they wish.

What Happens at an EPO Review?

EPO reviews are conducted in the Court of Kings Bench before a Presiding Justice. If you have a lawyer, they will attend on your behalf; otherwise, you must attend. Depending on your location and court, these reviews may be held in person or online. The court will provide this information to you in advance.

There are only three options to move forward with an EPO, and this is often dependent on the Respondent and what they wish to do:

1. The Respondent consents to the EPO, and it is confirmed; 
   • There will then be an EPO Confirmation Order that includes the same terms and protection as the first one; this will remain in place for a specified period of time, usually not for longer than one (1) year;
   • If the Respondent does not show up and has been properly served, it will be up to the court’s discretion if they want to confirm the EPO or provide the Respondent with a short adjournment to see if they will show up the next time.
2. You and the Respondent consent to a Mutual No Contact Order:
   •  This Order may contain similar terms to the EPO but will go both against you and the Respondent;
   • This is often the most efficient and cost-effective route to take.
3. The Respondent wishes to contest the EPO, and the matter will need to go to a Confirmation Hearing;
   •  The Respondent will need to file an Affidavit in response to the evidence that you gave during your EPO hearing. It is very common for them to seek an adjournment at this point to allow them time to review and respond to the evidence. The Court will grant an adjournment, usually a few weeks out. During the adjournment period, the EPO will continue so that you remain safe and protected;
   • Once the Response Affidavit is filed, you will return to court to set a Confirmation Hearing Date where a judge will decide, based on the evidence from both you and the Respondent, whether or not they should confirm the EPO.

What is an EPO Confirmation Hearing?

An EPO Confirmation Hearing will be heard and scheduled in the Court of King’s Bench. These hearings are typically scheduled for a half day, during which both parties will have the opportunity to present oral evidence in addition to the evidence already filed with the court.

The Presiding Justice will reassess all of the evidence, including:

• The statements from the initial EPO Application;
• The Respondent’s Response Affidavit, and 
• The evidence presented during the hearing.  

The Justice will then decide whether to confirm or revoke the EPO. Granting an EPO in the first instance does not guarantee that it will be confirmed at a hearing, as this process ensures a more thorough review of all the evidence. If you are concerned about the EPO being revoked, you may wish to consider requesting a Mutual No Contact Order to ensure ongoing protection.

By understanding the steps and considerations involved in obtaining and confirming an EPO, you can better navigate this process and ensure your safety and protection. Hayher Lee LLP is here to help if you need additional support or guidance. Please reach out to us for assistance or more information.