You can apply for a restraining order to stop someone’s vexatious conduct against you.
A restraining order is a court order that orders someone (regardless of their relationship to you) to stay away from you and to stop contacting you. It may be an option if you are not eligible for an Emergency Protection Order (EPO) or King’s Bench Protection Order (KBPO).
In emergency situations, you can apply for a restraining order without notice to the respondent. In non-urgent situations, you must give notice to the respondent beforehand that you are applying to the court for a restraining order.
You can apply for a restraining order against anyone whose conduct is vexatious toward you, your children or your property.
The person causing harm does not have to be a family member. They could be a roommate, dating partner, co-worker or more.
Vexatious conduct means very frustrating conduct. The conduct does not have to be criminal or threatening to get a restraining order. It can include:
- a reasonable and legitimate fear for you or your children’s safety or property
- conduct that threatens your reputation or privacy
- conduct that is harassing, such as stalking or repeated phone calls
Restraining Order vs. EPO or KBPO | Contents of a Restraining Order | How to Apply for an Emergency Restraining Order | How to Apply for a Non-Emergency Restraining Order | Frequently Asked Questions
Restraining Order vs. EPO or KBPO
There are similarities and differences between restraining orders and Emergency Protection Orders (EPO) or King’s Bench Protection orders (KBPO).
- All three are types of no contact orders in Alberta.
- You can get a restraining order against anyone’s vexatious conduct, regardless of their relationship to you. You can only get an EPO or KBPO against a family member for family violence (both terms are defined in Alberta’s Protection Against Family Violence Act).
- A restraining order cannot order the respondent to move out of a residence where they have a right to live, even if you live there too. An EPO or KBPO can give you exclusive possession of the family home and the police authority to remove an abusive family member from your family home.
- Restraining orders, EPOs and KBPOs can order the person causing harm to stop contacting you and going near your home, workplace or other places you regularly go.
- Restraining orders and EPOs are both available in an emergency. You can get an EPO 24 hours a day, seven days a week. You can only get a restraining order during court hours.
Contents of a Restraining Order
A restraining order can order the respondent to:
- stay away from your home, workplace or other places you regularly go
- stop harassing, watching, following, phoning or interfering with you, directly or indirectly
In a restraining order, the court cannot order the respondent to move out of a residence where they have a right to live, even if you live there too. The court can do this through other orders, such as an Emergency Protection Order, King’s Bench Protection Order or Exclusive Possession Order.
How to Apply for an Emergency Restraining Order
In an emergency, you can apply without notice to the respondent. This means the respondent will not know you are applying for a restraining order until they receive a copy of the granted order. The court decides if your situation is urgent and serious enough to apply without notice. If the court decides your situation is not urgent, they will direct you to apply for a non-emergency restraining order.
You must apply for a restraining order in the Court of King’s Bench during regular court hours. There are no fees for filing for a restraining order, unless you are also asking the court for other remedies. For example, if you are applying for a restraining order and asking the respondent to pay you back money they owe you, usual filing fees apply.
1. Fill out the right court forms
If you are asking for a restraining order against a family member, fill out the Application for a Restraining Order Without Notice in a Family Law Situation form. In this form, you must answer several questions and describe why you are asking for a restraining order. You must declare the document is true before a Commissioner for Oaths or Notary Public.
If you are asking for restraining order in any other situation, you must write and swear or affirm an Affidavit.
Do not sign the documents until you are with the Commissioner for Oaths. The court clerks are Commissioners for Oaths. You can swear or affirm your documents when you file them at the courthouse.
2. File your forms at the courthouse
You must file your documents in the Court of King’s Bench. For family situations, go to the family counter. For other situations, go to the civil counter.
3. Appear in Justice Chambers
In court, you will ask a justice (judge in the Court of King’s Bench) for the restraining order. The court clerk will tell you which courtroom to go to when you file your documents. When you go to court, you must also bring a copy of the Restraining Order Without Notice form for the judge to fill out.
4. File the court order at the courthouse
If the court grants the restraining order, you must file a copy of the completed order at the courthouse. If you only have the original order, the court clerk will make a few copies of it for you to take away.
5. Serve the respondent
The respondent has a right to know the order made against them. You must arrange for a process server or other person to serve a copy of the filed order on the respondent. Do not serve the respondent yourself.
6. File an Affidavit of Service
Complete and file an Affidavit of Service to prove the respondent received a copy of the order.
7. Give the order to police
The police can enforce the restraining order if the respondent does not follow it. Give the local police or RCMP a copy of the filed order and the filed Affidavit of Service, if they do not already have them.
8. Go to the review hearing
The court will hold a review hearing within two weeks of granting the restraining order without notice. At the review hearing, the respondent can respond to the allegations you make. The court can then extend or cancel the restraining order.
How to Apply for a Non-Emergency Restraining Order
If your situation is not urgent, the court will ask you to give notice to the respondent. This means you must serve (give) the respondent with the filed court documents at least 10 days before the scheduled court date. The respondent can come to court on that day and share their side of the story with the judge.
You must apply for a restraining order in the Court of King’s Bench during regular court hours. There are no fees for filing for a restraining order, unless you are also asking the court for other remedies. For example, if you are applying for a restraining order and asking the respondent to pay you back money they owe you, usual filing fees apply.
1. Fill out the right court forms
You must fill out an Originating Application form and an Affidavit. If you are asking for a restraining order against a family member and have already started other family proceedings in court, you can use the Family Application form and an Affidavit instead.
In the application form, you must include:
- the grounds or basis for your claim – why you are asking for a restraining order
- what you asking the court for (for example, “The remedy sought is a restraining order against … for a period of …”)
- the evidence you are relying on (for example, “The Affidavit of … sworn on …”)
- the laws and rules that apply (for example, in family situations, “Rule 12.33 of the Alberta Rules of Court”)
In the Affidavit, you must include facts about the situation, including dates, and the history and nature of abuse, threats or violence. You should also note if the person causing harm has any weapons. You can attach copies of police reports, 911 calls, medical reports and other documents as exhibits to your Affidavit.
2. File your forms at the courthouse
You must file your documents in the Court of King’s Bench. The court clerk will help you choose a date for the court hearing and write it on the documents.
3. Serve the respondent with filed documents
To get a restraining order with notice, you must serve (give) the respondent with copies of the filed court documents at least 10 days before the scheduled court date. If it is not safe for you to personally serve the documents on the respondent, get help from a process server, family member or friend.
4. File an Affidavit of Service
Complete and file an Affidavit of Service to prove the respondent received a copy of the court documents at least 10 days before the court date.
5. Appear in Justice Chambers
In court, you will ask a justice (judge in the Court of King’s Bench) for the restraining order. The respondent can also attend and share their story with the justice. The justice will decide whether to grant the order. Bring with you a copy of the Restraining Order form for the judge to fill out.
6. File the court order at the courthouse
If the court grants the restraining order, you must file a copy of the completed order at the courthouse. If you only have the original order, the court clerk will make a few copies of it for you to take away.
7. Serve the respondent with filed order
The respondent has a right to know the order made against them. You must arrange for a process server or other person to serve a copy of the filed order on the respondent. Do not serve the respondent yourself.
8. File an Affidavit of Service
Complete and file an Affidavit of Service to prove the respondent received a copy of the order.
9. Give the order to police
The police can enforce the restraining order if the respondent does not follow it. Give the local police or RCMP a copy of the filed order and the filed Affidavit of Service, if they do not already have them.
TIP | If you live in Calgary, review an overview map for getting a restraining order, created by the Calgary Domestic Violence Collective.
Frequently Asked Questions
How long is a restraining order good for?
Restraining orders can be for as long as necessary. Usually the order says it is good for one year, but it can be for longer or permanently.
A restraining order starts as soon as the court grants it. However, the police cannot enforce the order against the respondent until the respondent has received a copy of it.
What is a mutual restraining order?
A mutual restraining order names two or more people who cannot contact each other. These orders are common where there is evidence both people have contributed to the conflict. Usually everyone named in the order consents (agrees) to the order. One disadvantage though is that it can be difficult to prove one person breached the order since no one can have contact with each other.
You should talk to a lawyer before agreeing to a mutual restraining order.
What if the respondent cannot be found?
There are steps you can take if you cannot find the abusive family member to serve them with court documents. Read the Going to Court page for more information about serving documents.