Family Violence Matters

“When it comes to abuse, you believe there’s no way out. There is always help. There is always a way out.”―

Rev. Donna Mulvey

Laws & Beyond – Divorce/Family Law – Alberta, Calgary

Family violence, also known as domestic violence, can take many forms, including:

An act of injury to a family member, or a threat of an injury to a family member
An act of damage to property, or a threat of a damage to property intended to intimidate a family member
Sexual abuse
Stalking
Forced confinement
Any threats or acts of intimidation that cause a family member to be afraid for their safety or property, including mental and emotional abuse.

If you experience family violence, you may be able to get a protection order against the abuser. Such order can prevent the person causing you harm from seeing you or contacting you.

In Alberta, there are different kinds of no contact orders, and your Family Lawyer can help you understand which order fits your situation the best. We have summarized the most common Protection Order for your understanding below:

1) Emergency Protection Order (EPO)

An EPO is a protection order granted by court to help a Calgary individual escape a family violence situation. This orders the person causing the harm to stay away from the victim, stop contacting them and as well as to move out of the family home.

An Emergency Protection Order (EPO) is granted by Calgary courts when:

A family member has committed violence, or a family member’s behaviour is threatening;
The family member causing harm will continue or resume carrying out violence; and
The court is convinced that there is evidence that immediate protection is necessary.

Note that if the family member committing the family violence is in breach of the order, then the police can immediately provide protection to you and your family members by arresting that family member.

The EPO can be made ex-parte application basis, that is without notice to the family member committing the family violence and can also be made by police on your behalf.

On how to apply for an Emergency Protection Order (EPO) see:

https://www.alberta.ca/get-emergency-protection-order.aspx

2) Restraining Order

A restraining order can be obtained against a Calgary individual who has made you afraid of your safety and you wish to stop them from contacting you.

Usually restraining orders are granted by Calgary courts when the family violence does not meet the threshold for an EPO order or a QBPO order to be granted by the Alberta courts.

The person named in such an order does not have to be a family member, unlike in the case of EPOs. A Calgarian could also obtain a restraining order against their neighbour, former date and as well former employer and employee.

Under emergency circumstances, the restraining order can be granted on an ex-parte application to Calgary courts, that is application without notice to the Calgarian threatening or causing violence. Otherwise, they must give notice to the preparator of violence before the hearing.

On how to apply for Restraining Orders see: https://www.alberta.ca/get-a-restraining-order.aspx

3) Queen’s Bench Protection Order (QBPO)

A Queen’s Bench Protection Order can be obtained by a Calgarian who is in need of protection from a family member committing family violence, but the need may not be as urgent as the need for an EPO order.

The QBPO application must be made with notice to the family member.

This order will then prevent the family member that is causing you harm to stay away from you. It can require your family member to:

(i) stop contacting you at home, workplace, children’s school or any other places you regularly go to;
(ii) stop contacting and communicating with you and other family members you name in the order, including via social media;
(iii) pay for any money lost due to the family violence, for instance, loss of income due to actions of the family member causing harm;
(iv) move out of the family home;
(v) allow you to use certain property, such family car, family bank accounts, medical insurance, etc;
(vi) allow your client child receive counselling or therapy without the family member’s consent
(vii) not allow to take, convert, damage or otherwise deal with property;
(viii) give police authority to seize weapons from the family member;
(ix) require the family member to post bond to ensure they follow the order; and
(x) require the family member to obtain counselling.

Laws & Beyond – Divorce/Family Law – Alberta, Calgary

Frequently Asked Questions about Family Matters

Please reach us at info@lawsnbeyond.com if you cannot find an answer to your question.

What is a Family member in context of domestic violence cases?

In accordance with Alberta’s Protection Against Family Violence Act, a “family members” means:

(i) persons who are or have been married to one another, who are or have been adult interdependent partners of one another or who are residing or have resided together in an intimate relationship,

(ii) persons who are the parents of one or more children, regardless of their marital status or whether they have lived together at any time,

(iii) persons who are related to each other by blood, marriage or adoption or by virtue of an adult interdependent relationship,

(iv) any children in the care and custody of a person referred to in subclauses (i) to (iii), or

(v) persons who reside together where one of the persons has care and custody over the other pursuant to an order of the court.

What is family violence?

In accordance with Alberta’s Protection Against Family Violence Act, “family violence” means:

(i) any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a family member,

(ii) any act or threatened act that intimidates a family member by creating a reasonable fear of property damage or injury to a family member,

(iii) forced confinement,

(iv) sexual abuse, and

(v) Stalking.

Note: family violence does not include instances where a Calgary parent, or parent standing in place of that parent, using force to correct a child, if the child is under the care and control of that parent, and the force is not more than what is reasonable in the situation.

What is a peace bond?

A peace bond, also known as Recognizance order, is an order granted by an Alberta Criminal Court judge to keep the peace for up to one year against a family member. Peace bonds are used when a person seems likely to commit a criminal offence but there is no reasonable grounds to believe they actually committed that offence. Peace bonds may also be issued to resolve criminal charges.