In Edmonton, the safety and protection of individuals in situations of family violence are taken very seriously. One of the most crucial legal mechanisms available for immediate protection is the Emergency Protection Order (EPO). These orders are vital tools for victims of domestic violence, designed to provide immediate relief and security. At Ulasi Law Group, Family Lawyers in Edmonton, Alberta, we understand the complexities surrounding EPOs and are dedicated to guiding our clients through the legal processes that safeguard their well-being.
What is an Emergency Protection Order (EPO)?
An Emergency Protection Order is a court order that provides immediate protection for individuals who are victims of family violence. These orders are typically issued on an urgent basis without the presence of the alleged abuser, also known as ex parte. EPOs are meant to protect victims from further harm and prevent contact between them and their abusers. The Family Law Act and the Protection Against Family Violence Act (PAFVA) govern the use of EPOs in Alberta.
Ulasi Law Group recognizes the importance of acting swiftly in such situations to ensure the safety of our clients. The provisions of EPOs can restrict the abuser’s contact with the victim, order them to stay away from the victim’s residence, and even allow the victim to retain sole possession of the family home.
Who Can Apply for an EPO?
Anyone experiencing family violence can apply for an EPO. The term “family violence” under Alberta law includes a broad range of harmful behaviors, such as:
- Physical abuse – Including hitting, slapping, or any form of physical assault.
- Emotional or psychological abuse – Threats, intimidation, manipulation, or controlling behavior.
- Sexual abuse – Non-consensual sexual acts.
- Property damage – Destruction of belongings.
- Stalking or harassment – Monitoring, following, or constantly messaging or calling the victim.
- Threats of harm – Any threats that put the victim in fear for their safety.
While EPOs are most commonly used in cases involving intimate partners (spouses or common-law partners), they can also apply to other family relationships such as parents, children, or other relatives. In cases where someone is witnessing violence between family members, they may also be able to apply for an EPO on behalf of the victim.
How to Obtain an EPO in Edmonton
The process of obtaining an Emergency Protection Order is designed to be as quick as possible given the urgency of such situations. At Ulasi Law Group, our experienced family lawyers provide step-by-step assistance to ensure that the process is smooth and effective.
- Application Process: You can apply for an EPO by going to any Edmonton courthouse or contacting the police. The police often assist in filing an application after an incident of family violence has been reported. In urgent situations, the application can be done over the phone, and the judge may issue the order based on the evidence presented.
- Court Hearing: Once an EPO is requested, a hearing before a judge or justice of the peace will be scheduled. During this hearing, the applicant needs to provide sufficient evidence of family violence or the likelihood of harm. In some cases, the hearing may take place without the abuser being present, especially if there is an immediate risk of danger.
- Issuance of the Order: If the judge determines that family violence has occurred or that the victim is at risk, they will grant the EPO. The terms of the EPO will be specific to the case and may include:
- No contact orders (prohibiting the abuser from contacting the victim).
- Exclusive possession of the family home for the victim.
- Restrictions preventing the abuser from being within a certain distance of the victim’s home, workplace, or other places the victim frequents.
- Service of the EPO: Once the EPO is issued, it must be served on the abuser. Police are typically responsible for delivering the order and ensuring that the abuser is aware of its terms and conditions.
What Happens After an EPO is Granted?
After an EPO is granted, it is temporary and will be reviewed by a higher court within a few days, usually within 9 working days. This review ensures that both parties have the opportunity to present their sides of the story, and the court will decide whether the EPO should be confirmed, varied, or revoked. Ulasi Law Group assists clients in preparing for this review and ensures that all necessary evidence is presented to protect their rights.
Violating an EPO
Violating an EPO is a serious criminal offense in Alberta. If an abuser disobeys the terms of the order, they may face legal consequences, including fines or imprisonment. The police are authorized to arrest an individual who breaches an EPO without a warrant. This immediate consequence highlights the severity of such violations and underscores the protection offered to victims.
Ulasi Law Group’s family lawyers are adept at handling cases where EPO violations occur. We work with law enforcement and the courts to ensure that violators are held accountable and that our clients remain safe.
EPOs and Children
In many cases, family violence also affects children. An Emergency Protection Order can include provisions for the protection of children. For example, the EPO may:
- Prevent the abuser from contacting or approaching the children.
- Allow the victim to retain full custody and control of the children.
- Restrict the abuser’s access to the children’s school or other places they frequent.
At Ulasi Law Group, we prioritize the safety and well-being of children in all family violence cases. We ensure that any EPO applications include comprehensive protections for minors and advocate for our clients to maintain safe environments for their families.
Why Choose Ulasi Law Group for EPOs?
Navigating the legal system during times of crisis can be overwhelming, especially for victims of family violence. Ulasi Law Group’s family lawyers offer compassionate, personalized legal services for individuals seeking Emergency Protection Orders. Our expertise ensures that the application process is handled with care and urgency, and our in-depth knowledge of family law in Edmonton allows us to advocate effectively on behalf of our clients.
At Ulasi Law Group, we:
- Provide immediate assistance with filing EPO applications.
- Represent clients during court hearings and reviews.
- Offer guidance on additional legal protections, such as restraining orders or custody applications.
- Assist in ensuring compliance with EPOs and pursuing legal action for violations.
Emergency Protection Orders are vital for ensuring the safety of individuals experiencing family violence. In Edmonton, the legal framework surrounding EPOs provides victims with immediate relief and protection. At Ulasi Law Group, Family Lawyers in Edmonton, Alberta, we are committed to helping our clients navigate this process with confidence and clarity. If you or someone you know is experiencing family violence and needs urgent protection, don’t hesitate to reach out for legal support. Our team is ready to act swiftly and decisively to protect your rights and well-being.