L . 3 .£l oo \~ !o9> Family Law Information Centre Court Procedure Booklet #26 Review of an Emergency Protection Order The Family Law Information Centre and Queen’s Bench Chambers Office cannot give you legal advice or financial guidance, and cannot predict the outcome of court decisions. This booklet provides general information only. You should speak to a l awyer for legal advice about your own situation. The Court Procedure Booklets listed on the inside cover of this booklet are available electronically at www.dlbertacourts.ab, ca. The Court Procedure Booklets are available for sale from Queen’s Printer Bookstore by phoning (780) 427-4952 in Edmonton, or (403) 297-6251 in Calgary, or by phoning 310-0000 toll-free from anywhere in Alberta and asking for either of these phone numbers, or by accessing the Queen’s Printer website at www.gov.ab. ca/qp. 077328902X Family Law Information Centres The Family Law Information Centres can provide information about: ■ the Federal Child Support Guidelines, ■ how to calculate child support, ■ how to apply for or change a C hild Support Order, ■ how to oppose an application that involves child support, and ■ the procedures that must be followed in other family law matters, such as spousal support and child custody. Family Law Information Centres can be found at the following locations: Family Law Information Centre, Edmonton Family Law Information Centre, Calgary Law Courts Building Court House Annex 1A Sir Winston Churchill Square 603 - 6th Avenue SW Edmonton, Alberta, T5J 0R2 Calgary, Alberta, T2P 0T3 Tel: 780-415-0404 Tel: 403-297-6600 Fax: 780-415-0403 Fax: 403-297-6605 Family Law Information Centre Court Procedure Booklets Restraining or Protection Orders Applying for a R estraining Order Without Notice Applying for a Protection Order on Notice Review of an Emergency Protection Order General Opposing an Application that Does Not Involve Child Support Applying for a C onsent Order that Does Not Include Child Support Transferring Your Court File General Family Law Application Applications Dealing With Child Support Or Arrears If y our application deals with child support or arrears, you should read the booklet “Information for Unrepresented Parties about Child Support Matters” before reading the appropriate procedure booklets below. Child Support — when both parties live in Alberta Obtaining Income Information from the Other Party for Child Support Applications Applying for an Order for Child Support Changing an Existing Order for Child Support Decreasing Child Support, Reducing or Cancelling Arrears, and Stay of Enforcement Reducing or Cancelling Arrears and Stay of Enforcement (where there is no change to ongoing support) Applying for an Order for Child Support Under the Parentage and Maintenance Act Applying for a C onsent Order that Includes Child Support Opposing an Application that Involves Child Support Child Support — when the respondent lives outside Alberta Provisional Application to Change an Order for Child Support - Divorce Act Spousal Support Applying for an Order for Spousal Support Changing an Existing Order for Spousal Support Custody and Access Applying for an Order for Custody and/or Access Changing an Existing Order for Custody and/or Access Combination Applications Applying for an Order for Child Support and Custody and/or Access Changing an Existing Order for Child Support and Custody and/or Access Applying for an Order for Child Support and Spousal Support Changing an Existing Order for Child Support and Spousal Support Applying for an Order for Child Support, Spousal Support and Custody and/or Access Changing an Existing Order for Child Support, Spousal Support and Custody and/or Access Family Law Information Centre Court Procedure Booklet #26 Review of an Emergency Protection Order Contents About this booklet 1 Other Options for Seeking Protection If You are in a F amily Violence Situation 5 Other Resources for Information and Assistance 6 Step 1: Prepare the Affidavit 8 Step 2: File the Affidavit 9 Step 3: Serve the Affidavit on the Other Party 10 Step 4: Prepare an Order 11 Step 5: Going to Court 11 Step 6: File the Protection Order 14 Step 7: If the Respondent Was Not in Court - Serve the Order 15 Step 8: Give the Protection Order to the Police 15 Step 9: If the Respondent Breaches the Order 16 Terminating or Extending the Protection Order ... 17 Appendix 1: Sample Court Forms 19 Digitized by the Internet Archive in 2016 https://archive.org/details/reviewofemergencOOfami About this This booklet assumes that an Emergency Protection Order Booklet has been obtained, either with the help of the police, or by one of the family members in provincial court. The Emergency Protection Order must be scheduled for a review by the Court of Queen’s Bench within seven working days of the granting of the Order. You have been provided with the review date. If y ou are the person being protected by the Emergency Protection Order (the claimant), you may receive legal assistance with the review by contacting the Edmonton Protection and Restraining Order Project, the Calgary Legal Guidance Restraining Order Program, or elsewhere in Alberta, your nearest Legal Aid Office. See page 6 f or more information. If y ou are the person affected by the Emergency Protection Order (the respondent), you may apply for legal assistance with the review by contacting your nearest Legal Aid Office. See page 6 f or more information. If y ou want to take part in the review without a l awyer, this booklet will help you. This booklet outlines what both the claimant and the respondent must do when having the Emergency Protection Order reviewed by the Court of Queen’s Bench. The respondent will be served with the Emergency Protection Order. A r eview gives both the claimant and the respondent an opportunity to make arguments for or against continuing the Order. It also gives the Court an opportunity to decide if changes should be made to the Order. may: At the time of the review, the Court of Queen’s Bench ■ revoke or cancel the Emergency Protection Order; ■ confirm the Emergency Protection Order; ■ revoke the Emergency Protection Order, and replace it with a Q ueen’s Bench Protection Order; or ■ set the matter over for a h earing. A r eview of an Emergency Protection Order is a v ery formal process that is designed to ensure fairness. It is important that you follow each step carefully and thoroughly. 1 What is a Q ueen's Bench Protection Order? A Q ueen’s Bench Protection Order is an order made by the court and enforced by the police. A P rotection Order is a v ery powerful remedy and can say any of the following: ■ the abusive family member must leave the home; ■ the abusive family member cannot contact the victim or other family members and cannot go near their home, school, workplace, or other premises where the family members might be present; ■ the police will take away guns, knives and other weapons from the abusive family member; ■ the abusive family member and any other family member involved in the family violence must get counselling; ■ the victim or the abusive family member can temporarily possess specific personal property; ■ the victim or other family members can temporarily occupy the home; ■ the abusive family member must reimburse the victim for any monetary losses suffered as a d irect result of the family violence; ■ the victim or the abusive family member cannot deal with property that both have an interest in; ■ the police will accompany the victim to the home to supervise the removal of personal belongings; ■ the abusive family member must post a b ond to ensure that they will obey the Order; and ■ any other protection that the judge considers appropriate. This application is made under the Protection Against Family Violence Act - a l aw that helps protect all family members from family violence. The Act defines a f amily member as: ■ a man and a w oman who are or have been married to one another or who are living or have lived together in an intimate relationship; ■ persons who are the parents of one or more children, regardless of their marital status or whether they have lived together at any time; ■ persons who live together and are related to one or more persons in the household by blood, marriage or adoption; ■ any children in the care and custody of a p erson described above; or ■ persons who live together where one of the persons has care and custody over the other under an order of the court. The Act defines family violence as: ■ injuring or threatening to injure a f amily member in order to intimidate or harm a f amily member; ■ damaging or threatening to damage property in order to intimidate or harm a f amily member; ■ not allowing a f amily member to leave the home; and ■ sexual abuse. You should know that if the Protection Order includes your children, you may need to deal with custody and/or access at some point in the future. Please note: A P rotection Order is an extraordinary remedy. You should speak to a l awyer to determine what evidence should be presented to the court, and the possible outcomes for your application. 3 If y ou decide to go ahead without a l awyer, you may need to consult other sources of information as you prepare your application. You can find the following documents at your local court house library, other libraries or at the listed websites: ■ Alberta Rules of Court - w ww.gov.ab.ca/ qp/rules.html ■ Family Law Practice Notes (attached to the Alberta Rules of Court) - www.albertacourts.ab.ca/webpage / q b/qb_family_law_ practice_notes.htm ■ Protection Against Family Violence Act - www. go v . a b . c a/ qp / ac t s . h tml ■ Victims of Family Violence Information and Rights booklet - www.albertacourts.ab.ca (also available from the Family Law Information Centre or from the Office for the Prevention of Family Violence - see page 7 f or more information) 4