Orders

How Can You Use the Law to Keep an Abuser Away?

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, they can be apprehended by the police and punished. In an emergency situation, you should always call the police.

There are a few different options. You may wish to consider talking to an agency or a lawyer who understands these orders to decide which order to apply for.

• Protective Orders Under the Protection Against Family Violence Act (PAFVA)
  • Emergency Protection Orders under the PAFVA
  • Queen’s Bench Protection Orders under the PAFVA
• Restraining Order through the civil courts
• Peace Bond through the criminal courts
• No Contact Order

A court order provides some protection but your partner may not listen to the order. It is important to take steps to keep yourself safe. Read more about these court orders below and read the following resources:

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The Protection Against Family Violence Act is a law that protects against family violence such as:

• injuring or threatening to injure a family member;
• damaging or threatening to damage property in order to intimidate or harm a family member;
• not allowing a family member to leave the home;
• abusing someone sexually; or
• stalking someone

The Act protects family members who are:

• partners that are married to each other, or have been married to each other, or are adult interdependent partners (this include same-sex relationships) or live together or have lived together in an intimate relationship;
• parents of children whether or not they are married or have lived together;
• persons who are related to each other by blood, marriage or adoption or by virtue of an adult interdependent relationship;
• children in the care and custody of any of the family members already mentioned;
• partners who live together where one has care and custody of the other from a court order, for example, a guardianship order.

There are two kinds of protective orders that are available under this Act as well as a provision for the police to obtain an order for entry into premises to ensure the safety of those inside.

An emergency protection order is a tool that a victim can get from the court to provide immediate protection from an abusive family member. A judge or justice of the peace can issue the order without notice to the abuser.

This order can say that an abusive family member:

• must temporarily leave the home;
• cannot contact the victim or other family members; and
• cannot come near their home, workplace or school.
• The police can, if authorized, also take away guns, knives, and other weapons.

An emergency protection order lets you stay in your home before you have to take any further steps, such as applying for custody.

Note that this order must be reviewed within 9 working days by a Court of Queen’s Bench judge.

Read our booklet on What you Need to Know About… Emergency Protection Orders.

CPLEA’s Families and the Law: Domestic Violence Series

Emergency Protection Orders
Financial Support Options
Gathering Evidence of Abuse
If You’re Thinking of Leaving
Planning for an Emergency
Preparing for Court
Queen’s Bench Protection Orders
Restraining Orders
Serving Documents on an Abusive Party
Working with a Family Law Lawyer
Writing an Affidavit

A Queen’s Bench Protection Order is an order which can be requested in a non-emergency situation, or in a review hearing relating to an emergency protection order. Unlike an EPO, the abuser must be given notice of this application.

This order can include many different rules for the abuser. Some of those rules say the abusive family member:

• must leave the home;
• cannot contact the victim or other family members;
• cannot go near their home, workplace or school; and
• must receive counselling.

He or she can be ordered to pay some costs or temporarily give some items such as cheque books, credit cards, keys, or vehicles to the abused family member. Police can, if authorized, take away weapons.

Read our booklet on What you Need to Know About… Queen’s Bench Protection Orders.

If someone is not allowed to see a family member and thinks he or she is a victim of abuse, that person should call police. The police can ask for special permission (a warrant) from a judge permitting entry into the family member’s home. It allows them to go into a family member’s home and make sure she or he is safe. If this family member wants to leave or needs assistance, the police can help.

To get more information:

• Call your local police, RCMP detachment, shelter, or victims’ services unit. They can help you get more information about other services in your community.
• The Office for the Prevention of Family Violence has information about family violence and this Act. It also has materials in many languages. Call 310-0000 from anywhere in Alberta and ask for 422-5916.

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• In an emergency situation, the police will assist you.
• Legal Aid will provide legal assistance for the review process of an emergency protection order. This service is available to everyone regardless of income. Website: Legal Aid Alberta Emergency Protection Orders
• In other situations, for example, applying for a Queen’s Bench Protection Order without having had an emergency protection order, you can contact Legal Aid to see if you qualify for legal assistance. See the eligibility section of the Legal Aid website.
• For other areas of Alberta, a list of lawyers appointed to act as duty counsel can be accessed through local Legal Aid offices (if you qualify for Legal Aid).
• The Law Society of Alberta will provide names of lawyers in private practice who work in this area of law. Contact the Lawyer Referral Service toll free at 1-800-661-1095 or in Calgary at 403-228-1722. The service can give you the names and numbers of three lawyers who are in your area, and who practice in this area of law. You can see any or all of these lawyers free for half an hour before you decide which one to hire. Website: Law Society of Alberta – Lawyer Referral Service
• In Calgary, you may contact Calgary Legal Guidance at 403-234-9266. Website: www.clg.ab.ca.
• Contact the Government of Alberta’s Resolution & Court Administration Services for help understanding court forms and court procedures.

It is a good idea to carry a copy of your protection order with you at all times. If you carry a copy of the protection order you will be able to show it to any authority, such as the police, who can arrest your abuser if they break the rules of the protective order.

Once your abuser has been served with a copy of the protection order it is very important that the order is then registered with the police so they can respond quickly if any of the rules are broken. Contact your local police or RCMP detachment to see where and how to register your order.

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A restraining order is an order made by a court which orders a person or persons to stay away from you. The order can include special terms that state how far away the person must stay from you and identify specific locations where the person must not attend or try to contact you; for example, your home or workplace. The order can also be extended to cover any children in your care. The order can also specify that a person is not to contact another person by any means. If a person breaks a restraining order, they can be arrested and charged.

The police enforce the restraining order. You should carry a copy of the order with you in case you have to call for help. You can also leave a certified copy of the restraining  order with your local police.

The civil courts make restraining orders. These courts also deal with divorce and custody. If you are going to be asking for custody of your children or getting a divorce, it would be a good idea to seek a restraining order from the same court. A request for a restraining order can be made at the same time as a request for interim custody.

Read our booklet, What you Need to Know About… Restraining Orders.

Applying for a Restraining Order

Although you can apply for a restraining order yourself, it is easier to ask a lawyer to help you. Hiring a lawyer can be expensive, but you may be able to get help from Legal Aid. If you are hiring a lawyer yourself, be sure to use a lawyer who practices family law. If you are not accepted for Legal Aid, talk about your financial situation with your lawyer. She or he may be able to set up a payment plan for you. Be sure to ask your lawyer to send you bills at regular periods so that you do not get a big bill at the end.

Your lawyer can get a restraining order very quickly — often within 24 hours of meeting with you. However, an application can only be made during normal court hours. If it is an emergency, call the police. It can be done without notifying the person against whom you need the order (called an ex parte application).

You do not have to give evidence in court, but just make a written statement under oath (called an affidavit) explaining why you need a restraining order.

If the order is granted without the your abuser being present, the court will set a date in the near future for the order to be reviewed. Your abuser will then have an opportunity to state if they disagree with the order. If they are unsuccessful or do not show up in court, the order will be made for a fixed period of time. You can request that the order to be renewed when it runs out.

The restraining order can say exactly what kind of protection you and your children need. It can name places such as schools or your workplace and forbid your abuser from going there. The order can also state that the police shall arrest a person who breaks the terms of a restraining order. If the power to arrest is clearly stated in the order, it may remove any uncertainty by the police in an emergency situation.

If you decide to apply for a restraining order yourself, you can obtain an information package from the Family Law Information Centres in a courthouse. Check the FLIC website to find one near you. You can find information about applying for a restraining order on the Alberta Courts website. If you apply for the order yourself, you are responsible for “serving” a copy of the order on the respondent.

Read our booklet, What you Need to Know About… Restraining Orders.

After the Restraining Order is Made

Once you have obtained a restraining order, you must be sure to register it with your local police. The police keep the order on their computer system, so that if the order is disobeyed, they can act quickly. Even if you had a lawyer obtain your restraining order for you, you must make sure that it has been filed with the police, either by your lawyer or by yourself.

Carry a copy of the restraining order with you at all times. Leave a copy at your children’s school or daycare. If the abuser breaks the order and tries to approach you, you may have to call the police. If you can show the police a copy of the order, it will make it easier for them to arrest your abuser.

Read our booklet, What you Need to Know About… Restraining Orders.

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A peace bond is an order from a criminal court. It is an order that requires someone to keep the peace and obey any other conditions that the court puts in the order. A peace bond can be used in a situation where a person fears for his or her safety, or the safety of his or her children or property. A peace bond cannot be used to protect from emotional or financial abuse. A court can grant a peace bond that requires the abuser to have no contact with you or your children, and to stay away from specific locations.

Applying for a Peace Bond

You do not need your own lawyer to apply for a peace bond and so the process can be less expensive than applying for a restraining order. Your role in the process is as a complainant. You make a formal complaint to those who work in the criminal justice system and they then handle the matter. The process can take longer than applying for a restraining order. Also, a peace bond can only be applied for during normal court hours. In an emergency, it can be faster to use the procedure offered under the Protection Against Family Violence Act to obtain an emergency protection order.

Applying for a peace bond can be a little different depending on where you live. The police or the local Provincial Court – Criminal Division will be able to tell you what to do in your area.

A peace bond can be granted for a maximum of twelve months. As with a restraining order, you should ensure that you carry a copy with you at all times and leave copies at your children’s school and daycare, so that if necessary, a police officer knows that they have authority to arrest a person in breach of the order. Remember also to continue to take steps to guard your own safety and that of your children.

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