OakNet: Abuse of Older Adults - Stories - Print Version

Print Version - 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 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

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 are related to each other 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 (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?

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:

must temporarily leave the home immediately

cannot contact other family members

cannot come near the home, workplace, or school of other family members

must give up all guns, knives, and other weapons

The order can also:

allow the police to accompany a person to the residence to collect personal belongings

allow the addition of any other terms that are appropriate or necessary in the circumstances

provide for the abuser to be removed from the older adult's house immediately or within a specific period of time

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:

obtained by telephone or in person at any hour

made without notice to the other person against whom the order is sought

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?

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?

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:

must leave the home

cannot contact other family members, co-workers, employers, employees, or friends

cannot go near the home or workplace or any other location that the older adult frequents

can be ordered to pay some costs suffered as a result of the violence, for example, medical expenses

can be ordered to obtain counselling

must post a bond to ensure that he or she will obey the order

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:

asking for it during an emergency protection order review

applying directly to Court of Queen's Bench

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.

Family Law Information Centre - Edmonton
Main Floor, Law Courts Building
1A Sir Winston Churchill Square
Edmonton, AB T5J 0R2
Phone: (780) 415-0404

Family Law Information Centre - Calgary
Court House Annex
603 - 6 Avenue SW
Calgary, AB T2P 0T3
Phone: (403) 297-6600

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
Edmonton Police Service
9620 - 103 A Avenue
Edmonton, AB T5H 0H7
Attn: Case Management Unit

Calgary:

The Chief of Police
Calgary Police Service
133 - 6 Avenue SE
Calgary, AB T2G 4Z1
Attn: Case Management Unit

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.