Family violence is a deeply distressing reality for many individuals and families across Alberta. When safety is at risk, the law provides urgent remedies designed to offer immediate protection and stability. One of the most important of these tools is the Emergency Protection Order, commonly referred to as an “EPO.”

Despite their importance, Emergency Protection Orders are often misunderstood. Many people are unsure when an EPO applies, who can apply for one, what protections it provides, or how it interacts with family law matters such as parenting, support, and property.

What Is Family Violence?

In Alberta, family violence is defined broadly and extends beyond physical assault. The law recognizes that violence within family and intimate relationships can take many forms, including patterns of control, intimidation, and emotional harm.

Family violence may include physical abuse such as hitting, pushing, choking, or restraining another person. It also includes sexual abuse, threats of harm, stalking, harassment, and the intentional damage or destruction of property. Importantly, Alberta law also recognizes psychological and emotional abuse, such as repeated intimidation, humiliation, coercion, or isolation, as forms of family violence.

Exposure of children to family violence is also treated seriously. Even if a child is not directly harmed, witnessing violence between caregivers can have significant emotional and developmental consequences and may support the issuance of protective orders.

Who Can Be Affected by Family Violence?

Family violence can occur in many different types of relationships. It is not limited to married spouses or long-term relationships, and it can affect people of all ages, genders, and backgrounds.

In Alberta, family violence may occur between spouses, former spouses, adult interdependent partners (commonly referred to as common-law partners), dating partners, parents and children, or other relatives connected by blood, marriage, or adoption. The law is designed to protect individuals who are in close personal or familial relationships where power imbalances and ongoing contact may exist.

Because of this broad scope, Emergency Protection Orders are available in a wide range of family and intimate contexts, not only during divorce or separation.

What Is an Emergency Protection Order (EPO)?

An Emergency Protection Order is a court order intended to provide immediate, short-term protection to individuals experiencing family violence. It is designed to address urgent safety concerns before longer-term legal solutions can be put in place.

An EPO can impose restrictions on the person alleged to have committed family violence, including prohibiting contact with the protected person, requiring them to leave the family home, or limiting their access to certain locations. These orders are typically granted quickly and may be issued without the alleged respondent being present or notified in advance.

Emergency Protection Orders are governed by Alberta’s Protection Against Family Violence Act and are often one of the first legal steps taken when a person fears for their safety or the safety of their children.

When Should Someone Consider Applying for an EPO?

An Emergency Protection Order may be appropriate when there is an immediate risk of harm, and waiting for a traditional court application would place someone in danger. These situations often involve recent incidents of violence, escalating threats, or circumstances where emotions and conflict are intensifying rapidly.

An EPO is not limited to situations involving physical injury. Repeated threats, stalking behaviour, destruction of property, or controlling conduct that creates a reasonable fear for personal safety may justify emergency intervention. The focus is not on punishment, but on preventing further harm.

Because each situation is unique, the decision to seek an EPO should be guided by concerns about safety, urgency, and the availability of other protective measures.

Who Can Apply for an Emergency Protection Order?

In Alberta, an Emergency Protection Order can be applied for by the person experiencing family violence. In some circumstances, police officers may also apply on behalf of a victim if they believe immediate protection is necessary.

Applications are typically made through a justice of the peace or judge and can be brought outside of regular court hours, including evenings and weekends. This accessibility reflects the urgent nature of family violence situations and the need for immediate legal protection.

Children are not required to make applications themselves. Instead, the order can include protections for children as part of the broader application made by a parent or guardian.

What Does a Judge or Justice Consider When Granting an EPO?

When deciding whether to grant an Emergency Protection Order, the court focuses on whether family violence has occurred and whether there is an immediate risk of future harm. The applicant must provide information outlining the nature of the violence, when it occurred, and why urgent protection is needed.

The court does not require proof beyond a reasonable doubt, as would be required in a criminal trial. Instead, the standard is whether there are reasonable grounds to believe that family violence has occurred and may continue. This lower threshold reflects the preventative purpose of EPOs.

Judges and justices also consider the safety of children, the history of the relationship, and any prior incidents or patterns of abuse when making their decision.

What Types of Conditions Can an Emergency Protection Order Include?

Emergency Protection Orders can include a wide range of conditions tailored to the applicant’s specific safety needs. These conditions are intended to reduce the risk of further violence and create immediate stability.

Common conditions may include prohibiting the respondent from contacting or communicating with the protected person, either directly or indirectly. The order may require the respondent to stay away from the family home, workplace, school, or other specified locations. In some cases, the protected person may be granted exclusive possession of the family residence on a temporary basis.

An EPO may also address firearms or weapons, requiring the respondent to surrender them if there is concern about safety. Conditions related to children, such as restrictions on contact or supervision requirements, may also be included where appropriate.

How Long Does an Emergency Protection Order Last?

Emergency Protection Orders are temporary by design. They are intended to provide immediate protection until a more comprehensive court review can take place.

In Alberta, an EPO must be reviewed by the Court of King’s Bench within a short period, often within nine working days. At that review, a judge will determine whether the order should be confirmed, varied, replaced with a longer-term order, or terminated.

Following review, the court may issue a King’s Bench Protection Order, which can remain in effect for a longer period if ongoing protection is required.

What Happens at the Court Review of an EPO?

The court review is the first opportunity for both parties to be heard. The person against whom the order was made has the right to attend and respond to the allegations.

At the review, the judge considers the original application, any additional evidence, and submissions from both sides. The court may decide to maintain the protections, adjust the conditions, or terminate the order if it is no longer considered necessary.

This review process ensures that emergency orders remain fair, proportionate, and responsive to changing circumstances, while still prioritizing safety.

How Do Emergency Protection Orders Interact With Family Law Matters?

Emergency Protection Orders often arise during periods of separation, divorce, or parenting disputes. While an EPO focuses on safety, it can have significant implications for family law matters, including parenting time, decision-making responsibility, and possession of the family home.

An EPO does not determine final parenting arrangements, but it may temporarily restrict contact with children if there are safety concerns. Courts dealing with parenting matters are required to consider family violence when assessing a child’s best interests, and the existence of an EPO may influence subsequent orders.

Similarly, while an EPO may grant temporary possession of a home, it does not resolve long-term property division. Those issues must still be addressed through negotiation or court proceedings under Alberta’s family property legislation.

Can an Emergency Protection Order Be Changed or Cancelled?

Emergency Protection Orders can be varied or terminated by the court, either at the mandatory review or through later applications if circumstances change. For example, conditions may be adjusted to allow supervised contact with children or to address practical issues related to housing or employment.

Any changes must be made through the court. Informal agreements between parties do not override the terms of an EPO, and relying on informal arrangements can create serious legal risk.

Legal advice is strongly recommended before seeking to vary or terminate an existing order.

Protecting Your Loved Ones Against Family Violence

Family violence is a serious issue, and Alberta’s legal system provides tools to respond quickly when safety is at risk. Emergency Protection Orders play a critical role in offering immediate protection during periods of crisis, but they are only one part of a broader legal framework.

Understanding how EPOs work, what they can and cannot do, and how they interact with family law matters empowers individuals to make informed decisions during difficult times. Whether seeking protection or responding to an order, timely legal advice can make a meaningful difference in navigating both the immediate and long-term implications.

Getz Collins and Associates: Providing Compassionate Family Law Services in Calgary & Strathmore

If you are experiencing family violence or have been served with an Emergency Protection Order, timely legal guidance is critical. At Getz Collins and Associates, our family lawyers advise clients on Emergency Protection Orders, protection order reviews, and related parenting and separation issues with care, discretion, and clarity. To schedule a confidential consultation, please contact us online or call (587) 391-5600.