How to Get a Protection Order in Alberta
A clear guide to Alberta Emergency Protection Orders (EPOs) and Queen’s Bench Protection Orders.
Understanding Emergency Protection Orders in Alberta
Emergency Protection Order (EPO) basics
An Emergency Protection Order, often called an EPO, is a court order used in Alberta to give fast protection when there is family or relationship violence, or a serious risk of it. It can place rules on the person causing harm and give safety-focused options to the person experiencing the harm.
An EPO is usually used when the situation feels urgent and there is a need for legal protection right away. It is temporary and is meant to bridge the time until a higher court can look at the situation in more detail.
Protection orders are different in each province and territory. This page focuses on Alberta’s Emergency Protection Orders and Queen’s Bench Protection Orders.
How Emergency Protection Orders are issued
In Alberta, EPOs can often be requested through the Provincial Court or by contacting the police, especially when something has just happened or there is an immediate safety concern. Sometimes a lawyer or legal clinic may also help with the application process.
The judge or justice of the peace usually looks at:
- whether there has been family or relationship violence, or a serious threat of it
- whether the situation is urgent
- whether an order is needed right away to help with safety
EPOs are often made without notice
An EPO is often made “without notice.” This means the person the order is against (sometimes called the respondent) is not told about the application ahead of time and is not present when the judge first decides.
This can be important for safety because:
- it may reduce the chance of someone reacting in the moment to the application
- it can allow protective conditions to be in place before the other person finds out
Because these orders are made quickly and often without the other person present, Alberta courts usually require a later review hearing where both sides can attend and the order can be changed, confirmed, or ended.
Service of the EPO
Once an Emergency Protection Order is granted, it must usually be “served” on the respondent. Service means the person is officially given a copy of the order so they know what the conditions are.
In many cases in Alberta:
- police or a sheriff may handle serving the document
- the person being protected does not have to serve the order themselves
- the order only fully takes effect against the respondent after they are served, but safety planning can start right away
If you are unsure whether an order has been served, court or police may be able to confirm that information. Keep your own copy of the order in a safe place if you can.
The review hearing
In Alberta, EPOs are usually reviewed by the Court of King’s Bench (often still called “Queen’s Bench” in older materials) within a short time after the order is granted. This is known as the review hearing.
At the review hearing, a judge can:
- confirm the EPO and keep it in place, sometimes for a longer period
- change the terms (for example, adjust contact rules or property arrangements)
- replace the EPO with a longer-term protection order
- cancel the EPO if the legal test is not met
Both the protected person and the respondent may attend the review hearing. Each person can explain their situation and provide information or documents. Some people bring a lawyer or duty counsel if available, while others attend on their own.
Queen’s Bench Protection Orders
In Alberta, longer-term protection is often handled in the Court of King’s Bench (formerly referred to as Queen’s Bench). A Queen’s Bench Protection Order may be made:
- at the review hearing, to replace an EPO
- after a fresh application directly to the Court of King’s Bench
These orders usually last longer than an EPO and may include more detailed conditions about contact, residence, and sometimes related issues like temporary care of children or exclusive possession of the home, depending on the situation and what the judge finds appropriate.
Names of courts can change over time. In Alberta, many resources still refer to “Queen’s Bench” even though the court is now called the Court of King’s Bench. They are the same court for protection-order purposes.
Common protections included in Alberta protection orders
The exact protections in an EPO or a Queen’s Bench Protection Order depend on the situation and the judge’s decision. Some conditions that are often included are:
- no contact by any means (in person, phone, text, email, social media, or through others)
- no attending at certain places (home, workplace, school, or other locations)
- temporary use of the family home by the person being protected
- rules about coming to collect personal belongings (for example, with police present)
- conditions about not possessing weapons where the law allows
- conditions about not following, watching, or tracking the protected person
Breaching (breaking) a protection order can be a criminal offence. Police generally enforce the conditions if a report is made and they have enough information to act.
Keeping a copy of your order, either on paper or in a secure digital format, can help if you need to show it to police or service providers. Consider basic digital safety steps if you store documents on a device that might be accessed by someone else.
Finding further support
Many people combine protection orders with other safety steps, like support from shelters, community agencies, or legal information services. Additional support options across Canada can be found through resources listed at DV.Support.
This information is general and may not match every situation. It is not legal advice. If it feels safe, consider speaking with a legal clinic, duty counsel, or another trusted service in Alberta to understand how these options may apply in your circumstances.