OAKNet: Abuse of Older Adults - PAFVA PROTECTIVE ORDERS

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Protective Orders under the Protection Against Family Violence Act (PAFVA)

The Protection Against Family Violence Act of Alberta is a law that protects family members (definition/who is protected) from family violence in certain situations. It covers most types of physical abuse but not financial and emotional abuse.

There are two kinds of protective orders available under this Act:

Emergency Protection Order

Queen's Bench Protection Order

...View information on Where to get help for orders

Who is protected under the Protection Against Family Violence Act?

The Act protects family members defined as:

people who are or have been married to each other or living together intimately

people who are or have been adult interdependent partners of each other

parents of children whether or not they are married or have ever lived together

people who live together and are related to at least one person in the house by blood, marriage, adoption, or adult interdependent relationship

children in the care and custody of any of the family members already mentioned

people who live together where one has care and custody of the other from a court order, for example, a guardianship order

NOTE: There are some relationships that would not be covered by the definition of "family member" and therefore would not come within the Protection Against Family Violence Act. For example, the Act does not cover abuse committed by an adult child who does not live with the older adult.

Emergency Protection Order

An emergency protection order is an order that police can obtain from the court to provide immediate protection to an abused family member.

This order can say that an abusive family member:

must temporarily leave the home,
cannot contact other family members, and
cannot come near the home, workplace, or school of other family members.

The police can, if authorized, take away guns, knives, and other weapons.

The order can be made by telephone or in person at any hour, and can be made without notice to the other person against whom the order is sought.

The order can provide for the abuser to be removed from the older adult's home immediately or within a specific period of time.

If the order is granted without the other person being present, a copy of the order must be served on that person as soon as possible by the police.

There must then be a review of the order within seven days when all parties can be present. A judge will then decide whether or not the order should be confirmed or revoked.

The order is often applied for by the police so that it is not necessary to have legal representation.

Queen's Bench Protection Order

A Queen's Bench protection order can be requested in a non-emergency situation.

The person against whom the order is sought must be given notice of the hearing and can attend to state why the order should not be granted.

An abused person can get this order by:

asking for it during an emergency protection order review, or
applying directly to Court of Queen's Bench.

This order can say the abusive family member:

must leave the home,
cannot contact other family members, co-workers, employers, employees, or friends, and
cannot go near the home or workplace or any other location that the older adult frequents.

The abusive family member can also be ordered to pay some costs suffered as a result of the violence, for example, medical expenses. The court could also order that neither party take, use, or damage property which the other has an interest in; and could give one party temporary possession of cheque books, cars, credit cards, and other personal property.

The order can be in force for up to one year and can be extended for one-year periods.

Any family member can be ordered to get counselling.

Police can, if authorized, take away weapons.

If a person breaks the terms of a Queen's Bench protection order, he or she can be charged with a criminal offence or cited for contempt of court. Any sums of money that are not paid in accordance with the order will be handled by the Maintenance Enforcement Program.

It is helpful to have legal assistance for a review hearing of an emergency protection order or an application for a Queen's Bench protection order. Duty counsel is available from Legal Aid for assistance in review hearings only and the service is not subject to financial limits. For renewal of an order or for applying for a Queen's Bench protection order, legal assistance might be available from Legal Aid and will be subject to financial limits.

Where to get help for orders under Protection Against Family Violence Act (PAFVA)

In an emergency situation, the police will assist you.

Legal Aid will provide legal assistance for the review process of an emergency protection order. This service is available to everyone regardless of income. Visit their website at www.legalaid.ab.ca.

In Edmonton or Calgary, contact the Family Law Office, which is part of Legal Aid, if you qualify for Legal Aid. This service is subject to financial limits. See Legal Aid website at www.legalaid.ab.ca and follow links to What We Do, Family Law Office.

For other areas of Alberta, a list of lawyers appointed to act by Legal Aid can be accessed through local Legal Aid offices (if you qualify for Legal Aid).

The Law Society of Alberta will provide names of lawyers in private practice who work in this area of law. Contact the Lawyer Referral Service toll free at 1-800-661-1095 or in Calgary at (403) 228-1722. The service can give you the names and numbers of three lawyers who are in your area and who practice in this area of law. You can see any or all of these lawyers free for half an hour before you decide which one to hire. Visit their website at www.lawsocietyalberta.com.

In Calgary, you may contact Calgary Legal Guidance at (403) 234-9266 or visit their website at www.clg.ab.ca.

Family Law Information Centres in Edmonton and Calgary may also be able to help you. For information regarding the Centres, see the Alberta Courts website at www.albertacourts.ab.ca and follow links to Court of Queen's Bench, Family Law Information Centre.

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Updated: November 24, 2003
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