- Adult Interdependent Partners
Adult interdependent partners (AIPs) are the people in an adult interdependent relationship. In Alberta, we use this term instead of "common law" partners.
An adult interdependent relationship is a type of relationship for unmarried people. Alberta's Adult Interdependent Relationships Act sets out certain criteria you must meet for your relationship to be an adult interdependent relationship. The relationship does not have to be romantic to meet these criteria.
- Adult interdependent relationship
An adult interdependent relationship is a type of relationship for unmarried people. Alberta's Adult Interdependent Relationships Act sets out certain criteria you must meet for your relationship to be an adult interdependent relationship. The relationship does not have to be romantic to meet these criteria.
The people in an adult interdependent relationship are called adult interdependent partners (AIPs). In Alberta, we use this term instead of "common law" partners.
- Adult interdependent relationships
An adult interdependent relationship is a type of relationship for unmarried people. Alberta's Adult Interdependent Relationships Act sets out certain criteria you must meet for your relationship to be an adult interdependent relationship. The relationship does not have to be romantic to meet these criteria.
The people in an adult interdependent relationship are called adult interdependent partners (AIPs). In Alberta, we use this term instead of "common law" partners.
- AffidavitA written statement of fact that is sworn or affirmed before a Commissioner for Oaths (or Notary Public) and filed with the court to be used as evidence in court.
- Affidavit of serviceA kind of affidavit that proves you served court documents on someone. You must swear or affirm it to be true in front of a Commissioner for Oaths (or Notary Public) before you sign it.
- Applicant
The person applying for a court order, such as an Emergency Protection Order, restraining order, or parenting order.
The person responding to the application is called the respondent.
- AssaultAssault is the criminal offence of intentionally applying force to another person without their consent, threatening to apply force if the recipient reasonably believes the person can carry out the threat, or bothering another person while openly wearing or carrying a weapon (or imitation of a weapon). Assault also refers to a civil tort. In civil cases, assault means someone threatening to physically contact another without their consent. The recipient must have a reasonable belief that the harm was imminent. If the aggressor physically contacts the recipients, that is the civil tort of battery.
- Civil law
Civil law recognizes wrongs between parties, such as between two individuals. The people involved in the civil case are called the parties.
Family law is a type of civil law.
- Consent
Voluntarily agreeing to do something.
When it comes to consenting to sexual activity, consent is a freely given yes. It is not the absence of a 'no'. Each person must agree to each specific sexual act the whole time it’s happening. Someone cannot give consent if they are being pressured or under the influence of drugs or alcohol.
- Criminal law
The area of law that deals with criminal offences described in Canada's Criminal Code. The criminal justice system prosecutes the person charged with a criminal offence. Crimes are wrongs against society, not a private matter between two people.
- Criminal offence
An act that breaks a law on how to behave in society. The harm caused is seen to be against society as a whole, not just a specific person. Sometimes it refers to the specific law that was broken.
- CrownThe state or government that represents the public interest in criminal cases. Crown may also be used to refer to Crown attorneys, Crown counsel, Crown prosecutors or prosecutors.
- Crown prosecutor
A lawyer who works for the provincial or federal government and represents the public interest in criminal proceedings. The prosecutor acts in the public interest and not on behalf of the victim. The prosecutor helps witnesses share their evidence in court.
Crown prosecutors may also be called Crown attorneys, Crown counsel, or prosecutors.
- Decision-making responsibility
The ability to make significant decisions about the child's well-being, including the child's health, education, culture, language, religion, spirituality, and significant extra-curricular activities.
This term is used in Canada's Divorce Act.
- Defence counsel
A lawyer who represents the accused, defending their rights and ensuring they have a fair trial. Defence counsel will try to show the Crown prosecutor has not proven their case beyond a reasonable doubt.
Defence counsel are also called defence lawyers.
- Defence lawyer
A lawyer who represents the accused, defending their rights and ensuring they have a fair trial. The defence lawyer will try to show the Crown prosecutor has not proven their case beyond a reasonable doubt.
Defence lawyers are also called defence counsel.
- Digital abuse
Digital or online abuse means using technology to harass and intimidate someone. It can include constantly texting and getting angry if you do not respond to texts right away, stealing or demanding passwords to email and social media accounts, monitoring your activity through social media, posting mean or threatening statuses about you online, demanding explicit pictures of you, or posting intimate images of you online without your consent.
Digital abuse is also called online abuse.
- Discharge
A discharge is a legal sentence in Canada that a judge can order when a person has been found guilty or has pled guilty. It leads to no criminal conviction and so no criminal record.
There are two types of discharges:
- An absolute discharge means there are no court orders or conditions the person needs to comply with.
- A conditional discharge means the person must abide by a probation period. If the person successfully completes the probation period, they are discharged (and so will not have a criminal record).
- Duty Counsel
Lawyers at the courthouse who provide free information, guidance and advice to people without a lawyer. Sometimes duty counsel can speak to the court on your behalf.
- Emergency Protection Order
A kind of no contact order that helps protect Albertans from family members committing family violence. An EPO can order the person causing harm to stay away from you, stop contacting you and move out of the family home. EPOs are for emergency and urgent situations.
- ExtortionA criminal offence committed when a person forces or tries to force someone to do something by using threats, accusations, or violence without any reasonable justification or excuse. It is also extortion to threaten, accuse, menace, or use violence against someone to get a third person to do something.
- Family home
A family home is property you or your partner or spouse owns or rents; and where you have lived with your partner or spouse; and a house, self-contained dwelling unit, mobile home, condo, suite, or living quarters in a business.
- Family law
The area of law that deals with legal issues within a family, such as separation, divorce, parenting, child support, partner support, spousal support and dividing property. Family law is a type of civil law.
- Financial abuse
Abuse about money and finances. It can include:
Abuse about money and finances. It can include:
- keeping you financially dependent on the abuser
- stealing your money
- controlling your finances or refusing to share money
- not allowing you to work or go to school
- causing you to lose your job (such as by making you miss work)
- FineMoney paid when someone has violated a law.
- Forced confinementWhen a person is confined somewhere against their will, such as being locked in a room with no way out.
- Forced marriage
Forced marriage is when at least one person getting married does not freely consent to the marriage. It is different from an arranged marriage – where both parties agree to the marriage. In a forced marriage, someone is being coerced to marry – usually by family members and through threats, violence or manipulation.
- GuardianThe person who handles the care, maintenance and well-being of a child. A child's parents are usually the child's guardians but the court can change who the child's guardians are. Guardians have specific powers, responsibilities and entitlements under Alberta's Family Law Act.
- Interim parenting order
A temporary court order giving you primary care and control of your children. Alberta's Family Law Act and Canada's Divorce Act provide for these orders, depending on which law you are applying under.
- Jurisdiction
The power to administer justice about certain laws or within certain geographical areas.
Municipal, provincial, and federal governments all have different areas of jurisdiction. For example, municipal bylaws only apply in the municipality where they are enacted. And criminal law is within federal jurisdiction, meaning that only the federal government can make and change federal laws.
- Justice of the PeaceA person who is not a judge but performs court-related duties such as issuing subpoenas, conducting bail hearings, and hearing applications for Emergency Protection Orders. They are sometimes called JPs.
- Parenting time
The time a parent has with a child. During this time a parent has responsibility for the child. They can make day-to-day decisions about the child, unless the court orders otherwise. Parenting time can be set out in a parenting plan or a parenting order.
Parenting time is different from decision-making responsibility.
- Parties
The people involved in a civil law issue. For example, the applicant and respondent are parties to the court action.
- Party
A person involved in a civil law issue. For example, the applicant and respondent are parties to the court action.
- Peace bond
A criminal court order that sets out specific conditions to protect someone's safety or property.
Peace bonds (or recognizances) are used where a person seems likely to commit a criminal offence but there are no reasonable grounds to believe they already committed the offence. Peace bonds may also be issued to resolve criminal charges. For example, if the person causing harm is charged with assault, the Crown prosecutor may agree to withdraw the charges if the person enters into a peace bond.
- Person at Risk
Under Clare's Law, a person determined to be at risk of domestic violence.
- Person of Disclosure
Under Clare's Law, the person whose information is being disclosed to the person at risk.
- Physical abuse
Any forceful physical act you do not consent to. It includes hitting, punching, slapping, choking, burning, pushing and shoving. It also includes throwing objects or using a weapon. Physical abuse can also be confining you or not letting you contact friends or family. Or forcing you to take drugs or drink alcohol or do something illegal.
- ProsecuteTo start and carry out legal proceedings against a person who has been charged with committing a criminal offence.
- Protected adult
An adult who has another person make decisions with or for them, according to an agreement or court order. The term is defined in Alberta’s Adult Guardianship and Trusteeship Act.
- Protection order
A court order to protect a person from violence or harassment. Examples include Emergency Protection Orders, King's Bench Protection Orders and restraining orders.
- Psychological abuseAbuse that causes emotional pain and suffering. This may include constant verbal attacks on self-esteem, repeated accusations of cheating, threats of suicide, control over friends and money, and threats of harm to others.
- RespondentThe person responding to a court action, such as for an Emergency Protection Order, restraining order or parenting time application. The person asking for the court order is called the applicant.
- Restraining order
A court order that orders the respondent (regardless of their relationship to the applicant) to stay from and stop contacting the applicant. It can also include the applicant's children.
A restraining order can order the respondent to stay away from the applicant's home, workplace and other places they regularly go. It can also order the respondent to stop harassing, watching, following, phoning or interfering with the applicant, directly or indirectly.
- RobberyStealing from someone using violence or threats. It also includes assaulting a person while trying to steal from them.
- Safety plan
A plan of what to do if you leave an abusive relationship, including where you will go, how will you get there, what you need to bring, etc.
- SentenceThe penalty a person receives after being found guilty of or pleading guilty to committing a crime. A sentence can be jail time, a fine, community service and more, depending on the crime and the circumstances.
- Serve
Officially giving a party to the legal issue the documents in a way that can be proven to the court.
- ServingOfficially giving a party to the legal issue the documents in a way that can be proven to the court.
- Sexual abuse
Abuse of a sexual nature, including any kind of sexual activity that you do not consent to. In any relationship, including a marriage, Canadian law says you must voluntarily consent to each sexual activity.
- Sexual assaultAny form of sexual contact without voluntary consent. It includes unwanted oral contact (kissing), sexual touching, oral-genital contact, or vaginal or anal penetration.
- Sexual Assault Response Team
A team of people who work together to support people who have recently experienced sexual assault. They are available at some hospitals across the province. The team in each area may include nurses, physicians, police or RCMP officers, and support workers who provide information and emotional support.
Source: Sexual Assault Centre of Edmonton's Medical Care After Sexual Assault info sheet.
- Sharing intimate images without consent
The criminal offence of sharing intimate images of someone else without that person's consent. Sometimes this is called "revenge porn".
To share means to knowingly publish, distribute, send, sell, make available or advertise.
An intimate image means a visual recording of a person, including a photo, film or video recording. It must show the person nude, exposing their genitals or anal region or breasts, or engaged in explicit sexual activity. The circumstances of the recording must have created a reasonable expectation of privacy.
Without consent means the person shown did not agree to sharing the image. It can also include being reckless as to whether the person shown gave their consent.
- SubpoenaA court order telling you where and when to be in court.
- Uttering threats
This happens when a person threatens to cause death or harm to someone; or burn, destroy or damage property; or kill or hurt an animal or bird that belongs to the person being threatened.
- Without notice
An application to the court for an order by the applicant only without notifying the respondent.
Usually, if the court grants an order without notice, the court sets a date for a review hearing. The respondent can attend the review hearing and share their story with the court. In the meantime, the order is effective if a copy is served on the respondent.
Abuse and the Law in Alberta
