What is an Emergency Protection Order in Alberta?
An emergency protection order (“EPO”) is a court order that helps protects individuals who feel immediately threatened by family violence. EPOs are granted under the Protection Against Family Violence Act.
EPOs are granted on an ‘ex-parte’ basis, meaning that they are granted without notice to the other party. The reason for this is to help protect you if you or your children are in immediate danger of family violence, you can apply for an EPO without the other party knowing you're doing so. However, notice will be given to the other side if the EPO is granted.
To be eligible for an EPO, certain criteria must be met:
- You must be family members as defined by the applicable legislation, which includes:
- Individuals who lived together in an intimate relationship
- Individuals who have a child together
- Individuals who are or were married to the other party
- Individuals who are related by blood, marriage, or adoption
- If family violence, as defined by the legislation, has occurred.
- If it is an urgent or ‘emergency’ situation.
- That you, the claimant, have reason to believe that the family violence will resume or continue.
Situations of violence that involve individuals who are dating, but do not live together, or roommates who do live together but are not intimate, would not be eligible for an EPO. However, there are other protection orders that apply to those situations.
