If you have been abused and want the abuser to stay away from you, you can apply for court orders. These court orders tell the abuser to stay away. If the abuser doesn't stay away, he or she can be punished. Talk to a lawyer or someone who understands these orders to decide which order to apply for.

• Emergency Protection Order under the Protection Against Family Violence Act:
  This is an order that police can obtain from the court to provide immediate protection to an abused "family member".

• Queen's Bench Protection Order under the Protection Against Family Violence Act:
  This is an order to provide protection to an abused "family member", which can be requested in non-emergencies.

• Restraining Order through the civil courts:
  A restraining order is an order made by a judge that orders a person or persons to stay away from persons named in the order and prohibits them from hurting or threatening to hurt those named in the order.

• Peace Bond through the criminal courts:
  A peace bond is an order from a criminal court. A court can grant a peace bond that requires the abuser to have no contact with persons named in the order and to stay away from specific locations.

No Contact Order

If a person is arrested with a warrant and is released pending a court appearance, the police can order him or her not to go near or communicate with you. It is important to make the police aware that this is a restriction that should be imposed on the accused. Such an order is called a no contact order. The order will only be effective until the accused appears in court and the case against him or her is heard.

It is also possible for a Justice of the Peace to impose a no contact order on an accused when releasing him or her on bail. The prosecutor in charge of the case must ask the Justice to impose this condition, so you must ask the prosecutor to request it. The order will only be effective until the accused appears in court and the case against him or her is heard. If an accused breaks a no contact order, he or she might then be kept in custody.

A no contact order can also be imposed as part of a final sentence for a criminal offence. If the offender breaks the no contact order, he or she can be taken back to court for further punishment. The offender may also be charged with a new offence for breaking the order.

Return to Using the Law to Keep an Abuser Away

Updated: October 9, 2003
© Legal Resource Centre of Alberta Ltd. 2002
OAK-Net: Abuse of Older Adults
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