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:
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.
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Emergency Protection Order (EPO)
What is an emergency protection order?
What does an emergency protection order do?
How do I obtain an emergency protection order?
How long does an emergency protection order last?
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What is an 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.
What does an emergency protection order do?
The order can say that an abusive family member:
How do I obtain an emergency protection order?
The order is usually applied for by police so that legal representation is not necessary. The order can be:
NOTE: If the order is granted without the other person being present, a copy of the order must be served on the person by the police as soon as possible.
How long does an emergency protection order last?
The order must be reviewed in court by a judge within nine days when all
parties can be present. The judge will then decide whether the order should
be confirmed or revoked.
Queen's Bench Protection Order
What is a Queen's Bench protection order?
A Queen's Bench protection order can be requested in a non-emergency situation. It can also be requested in a review hearing from an emergency protection order.
A date and time for a review hearing will be given when the original emergency protection order is made. If there has been no emergency protection order, a person
can apply directly to Court of Queen's Bench for a Queen's Bench protection order. 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.
What does a Queen's Bench protection order do?
The order can state that the abusive family member:
The order can also state that neither party take, use, or damage property
which the other has an interest in; and can give one party temporary possession
of cheque books, cars, credit cards, and other personal property. (NOTE: Police
can, if authorized, take away weapons.) Further the order can authorize
counselling for a child in the care or custody of a family member.
NOTE: If a person breaks the terms of a Queen's Bench protection order, he or she can be charged with or cited for contempt of court. It is important that the order give the police the authority to arrest someone if the order is broken. Any sums of money that are not paid in accordance with the order will be handled by the Maintenance Enforcement Program of Alberta Justice.
How do I obtain a Queen's Bench protection order?
If you are abused, you can get this order by:
Family Law Information Centre - Edmonton
Family Law Information Centre - Calgary
Once you have a Queen's Bench protection order, you must make sure that a copy of the order is served on the respondent if they did not come to court and did not know the order had been made.
If you do not have a lawyer acting for you, it is advisable to hire a process server to serve the respondent with a copy of the order. You must give the process server a certified and filed copy
of the order. These are obtained through the courthouse office. When service has been carried out, the process server will give you an Affidavit of Service with the certified copy of the order attached.
The Affidavit must then be filed with the Chambers Clerk at the courthouse.
NOTE: 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 an application for a Queen's Bench protection order, legal assistance might be available from Legal Aid and will be subject to financial limits.
Enforcing the order
Carry a copy of the order with you at all times. If a person breaches the terms of an order, the person can be arrested. If you carry a copy
of the order you will be able to show it to any authority, such as the police, who can then take the necessary action in arresting the offender.
Registering the order
Once the respondent has been served with a copy of the order, it is very important that the order be registered with the police. The police have a registry system that can be
accessed anywhere by computer. Registration of the order will help to ensure that there will be a speedy response if it is ever broken.
To register the order with the police, you will need a certified copy of the order and a filed copy of the Affidavit of Service. You must fill out a Statement of Description form (obtained from the police) and confirm your home address and any other address that you want the respondent to be kept away from. You must also confirm to the satisfaction of the
police that any variations, amendments, or extensions to the order will be brought to the attention of the registry immediately after they are filed with the court. Edmonton and Calgary each have a restraining/protection
order registry:
Edmonton:
The Chief of Police
Calgary:
The Chief of Police
Outside of Edmonton and Calgary you should contact your local police or RCMP detachment to see where and how to register your order.
How long does a Queen's Bench protection order last?
The order can be in force for up to one year and can be extended for one-year periods.
Where to get help for orders under Protection Against Family Violence Act (PAFVA)
Funding for OakNet is provided by the Alberta Law Foundation. Updated: January 26, 2007
The order can also:
What is a Queen's Bench protection order?
What does a Queen's Bench protection order do?
How do I obtain a Queen's Bench protection order?
Enforcing the order
Registering the order
How long does a Queen's Bench protection order last?
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If you are applying directly to Court of Queen's Bench for a protection order, you can find assistance in booklets provided by Alberta Justice.
The booklets are available from the Family Law Information Centres in Edmonton and Calgary and also online at www.albertacourts.ab.ca. Follow the links to Court of Queen's Bench, Family Law
Information Centre, Booklets.
Main Floor, Law Courts Building
1A Sir Winston Churchill Square
Edmonton, AB T5J 0R2
Phone: (780) 415-0404
Court House Annex
603 - 6 Avenue SW
Calgary, AB T2P 0T3
Phone: (403) 297-6600
...View more information on Where to get help for orders
Edmonton Police Service
9620 - 103 A Avenue
Edmonton, AB T5H 0H7
Attn: Case Management Unit
Calgary Police Service
133 - 6 Avenue SE
Calgary, AB T2G 4Z1
Attn: Case Management Unit
...View more information on Where to Get Help.
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