Applying for Emergency Protection Orders (EPOs)

introduction to epos

What are EPOs?

Emergency Protection Orders (EPOs) are court protection orders designed specifically to keep a ‘respondent’ (parent/child/partner) committing family violence from contacting or being around the victim. EPOs order the perpetrator causing harm to stay away from you, stop contacting you, and to move out of the home. EPOs are further described in Alberta’s Protection Against Family Violence Act.

What are Epos for?

EPOs are specifically designed to provide safety in cases of family violence. The order is grated if it is decided by reason of seriousness or urgency, that immediate protection is needed as a result of family violence or relational violence. The ‘respondent’ is a perpetrator of violence.

Who are EPos for?

EPOs are for a victim against a ‘respondent’ who is a parent, child, partner, or other family member named.

The definition of a family member includes..

  • those you are related to by blood, marriage, adoption, or an adult interdependent relationship (including adult children and in-laws)

  • those you are or were married to

  • those you are or were in an adult interdependent relationship with

  • those you have children with regardless of whether you have lived with that person

  • those you may have legal guardianship over

  • those you live with who have care and custody over you

You cannot get an EPO against…

  • those you are dating UNLESS you live together in an intimate relationship or you have children together

  • those you live with but are not intimate with (ex. a roommate)

  • a family violence situation that is emotionally abusive or uses coercive control

When can an epo be used?

EPOs are used to keep a ‘respondent’ away from a home, workplace, school, or anywhere else family members named under the protection order, may be present.

They may be put in place to…

  • prohibit the ‘respondent’ from making contact or communicating with certain family members,

  • grant exclusive rights to live in the home to certain family members for a specified period of time (even if your name is not on the lease or title)

  • direct the police to remove the ‘respondent’ from the home and supervise them as they remove belongings

  • direct the police to seize and store weapons in possession of the ‘respondent’; and

  • specific any other provisions for the immediate protection of family members named under the order

THe epo process

Will the ‘respondent’ know about the order?

The family member causing harm will not know right way that you have applied for an EPO. An EPO can be applied for without notice to the respondent, this means you do not need to tell the perpetrator beforehand.

However, an EPO is not enforceable until the respondent receives a copy of the EPO. Since the perpetrator must know what rules to follow, a police office or other third party, like a process server, will provide a copy to the respondent. DO NOT give a copy yourself to the respondent.

How long does an EPO last?

An EPO can last up to one year with the clock starting from either the date you get the EPO, the date of the review hearing, or the date of the oral hearing.

Who decides if I get an EPO?

A judge or justice of the peace is the one who decides whether or not to grant you an EPO and what it should say, all entirely based on the unique situation of your family violence experiences.

A judge or justice of the peace has a lot to consider when putting an EPO in place, especially since each family violence situation is different and dependent on the type of relationship the ‘respondent’ and the ‘victim’ have together.

  • the history of family violence by the ‘respondent’ toward you and other family members

  • if the respondent’s behaviour is controlling towards you or other family members

  • if the family violence is ongoing or escalating in seriousness

  • if there is immediate danger to people or property

  • how elder adults are more vulnerable to violence

  • the effect the violence has on any children involved

  • what the best interests are for you and your children

  • your need for a safe environment to arrange for longer-term protection from family violence

What happens if the ‘respondent’ does not follow the EPO?

Call the police. Always keep a copy of your EPO with you so you can show it to the police when necessary. The police will decide whether to arrest and charge the perpetrator with breaching the order. If the perpetrator is charged, they will appear in court and be prosecuted by a Crown prosecutor. If the perpetrator pleads guilty or is convicted, they will be fined or receive a jail term. Anyone convicted of more than one breach automatically receives a jail term.

applying for epos

How do I apply for an Epo?

You can get an EPO 24/7 because a judge or justice of the peace can grant an EPO in person or over the phone. If you are applying for an EPO by phone, you must fill out a Telephone EPO Application Form. This must be emailed with a copy of your government-issued ID (front & back) to the Hearing Office you contact.

You can apply for an EPO by contacting your local RCMP detachment, police service office, Legal Aid Alberta, or the Hearing Office for your part of the province. To apply all of the following must be true…

  • A family member has committed family violence

  • You have reason to believe the family member causing harm (the respondent) will continue or resume carrying out the family violence

  • The situation is serious or urgent as such that you need a court order to protect you and/or your family. This usually means the family violence happened recently.

To apply simply follow these steps…

  1. In Edmonton

  2. In Calgary

  3. Elsewhere in Alberta

resources & more learning

Communications SpecialistEPO, Family Violence Prevention, Emergency Protection Order, Family Violence Awareness, Domestic Violence Awareness, Domestic Violence Prevention