Emergency Protection Orders (EPOs) provide immediate legal protection for Albertans facing family violence or abuse.
These court orders help create physical distance between the victim and abuser while establishing clear legal consequences for violations.
Understanding when and how to apply for an EPO in Edmonton can make a critical difference in ensuring personal safety and legal protection.
What is an Emergency Protection Order?
An EPO is a court order that helps protect people experiencing family violence by placing restrictions on the abusive family member.
- Prohibits the abuser from contacting or approaching the victim
- Can remove the abuser from the family home
- Provides temporary custody of children to the protected person
- Allows police to seize weapons if necessary
Who Can Apply for an EPO in Edmonton?
EPOs are available to people experiencing violence from family members, including:
- Spouses or former spouses
- Adult interdependent partners
- People who live together or have lived together in an intimate relationship
- Parents of children together
- People related by blood, marriage, or adoption
How to Apply for an EPO
There are three main ways to apply for an EPO in Edmonton:
- Through Police: Call 911 if in immediate danger
- Provincial Court: Visit the Edmonton Law Courts (1A Sir Winston Churchill Square)
- Legal Aid Alberta: Contact 1-866-845-3425
Required Information for Application
Gather these essential details before applying:
- Recent incidents of family violence (dates, times, locations)
- History of abuse or violence
- Safety concerns for yourself and children
- Respondent’s name, address, and description
- Any existing court orders
After the EPO is Granted
An EPO takes effect immediately upon being granted and typically lasts for nine days.
- Keep a copy of the order with you at all times
- Provide copies to children’s schools or daycare
- Inform trusted friends and family members
- Document any violations of the order
Support Resources in Edmonton
Contact these organizations for additional assistance:
- Edmonton Police Service: 911 (emergency) or 780-423-4567 (non-emergency)
- Family Violence Info Line: 310-1818 (24/7, toll-free)
- Edmonton Women’s Shelter: 780-479-0058
- Legal Aid Alberta: 1-866-845-3425
Next Steps for Long-term Protection
Consider these additional measures for ongoing safety:
- Develop a safety plan with a domestic violence counselor
- Apply for a Queen’s Bench Protection Order (QBPO)
- Seek legal counsel for long-term family law matters
- Connect with support groups and counseling services
Additional Legal Considerations
When seeking protection through an EPO, be aware of these important legal aspects:
- EPOs are temporary and meant for emergency situations
- The respondent has the right to challenge the order
- False statements on applications can result in legal consequences
- EPOs can be extended or replaced with longer-term protection orders
Common Challenges and Solutions
- Difficulty serving the order to the respondent
- Need for translation services during the process
- Limited access to documentation or evidence
- Fear of retaliation from the abuser
Available Solutions:
- Police assistance with service of documents
- Court-appointed interpreters at no cost
- Support workers to help gather evidence
- Safety planning with domestic violence experts
Taking Control of Your Safety
Remember these key points when seeking protection from family violence:
- Your safety and well-being are the top priority
- Multiple support systems are available in Edmonton
- Legal protection is your right
- Professional help is available 24/7
- You don’t have to face family violence alone
FAQs
1. What is an Emergency Protection Order (EPO) in Edmonton?
An EPO is a court order that provides immediate protection for victims of family violence by restricting the abuser’s access to the victim and family members.
2. Who can apply for an Emergency Protection Order in Edmonton?
Victims of family violence from family members, including spouses, common-law partners, children, parents, or people living together in an intimate relationship can apply.
3. Where can I apply for an EPO in Edmonton?
You can apply at the Edmonton Law Courts, through a lawyer, or with assistance from the Edmonton Police Service. During non-business hours, applications can be made through police officers.
4. How long does an Emergency Protection Order last in Edmonton?
An EPO is temporary and typically lasts up to one year. It must be reviewed by the Court of King’s Bench within 9 working days of being granted.
5. What evidence do I need to get an EPO?
You need to show reasonable grounds that family violence has occurred and will likely continue or resume. Evidence can include police reports, medical records, photographs, texts, or witness statements.
6. Is there a fee to apply for an EPO in Edmonton?
No, there is no fee to apply for an Emergency Protection Order in Edmonton.
7. Can I get an EPO without the abuser being present in court?
Yes, EPOs can be granted ex parte, meaning without the respondent (abuser) present, due to their emergency nature.
8. What protection does an EPO provide?
An EPO can order the abuser to stay away from specific places, stop communication, grant exclusive possession of the home, remove the abuser from the home, and authorize police to seize weapons.
9. What happens if someone violates an EPO in Edmonton?
Violating an EPO is a criminal offense that can result in arrest, fines up to $5,000, and imprisonment for up to 90 days.
10. Can I get an EPO if I don’t live with the abuser?
Yes, you can get an EPO against family members or intimate partners even if you don’t live together, as long as there is evidence of family violence.
11. What should I do after getting an EPO?
Keep copies of the order with you, inform trusted people, document any violations, and consider developing a safety plan with local support services.
12. Can an EPO be changed or cancelled?
Yes, either party can apply to the Court of King’s Bench to vary, terminate, or extend the EPO, but must show valid reasons for the change.
