What to Do If You Are Served With an Emergency Protection Order in Edmonton
Being served with an Emergency Protection Order (EPO) can be shocking and confusing. In many cases, people first learn about the order when police arrive at their home and require them to leave immediately.
An Emergency Protection Order in Alberta is a court order designed to provide immediate protection from family violence. These orders are often granted quickly—sometimes within hours—and usually without the respondent being present in court.
If you have been served with an Emergency Protection Order in Edmonton, it is critical to understand what the order means, what restrictions apply to you, and what steps you should take next.
This guide explains:
- what happens when you are served with an EPO in Edmonton
- what you are legally required to do
- common mistakes that can lead to criminal charges
- what to expect at the Court of King’s Bench review hearing
- how an Edmonton family lawyer can help respond to an EPO
This article provides general legal information and is not legal advice.
What Is an Emergency Protection Order?
An Emergency Protection Order (EPO) is a legal order issued under Alberta’s Protection Against Family Violence Act.
The purpose of an EPO is to provide immediate protection when a court believes family violence has occurred and may continue.
Unlike most court applications, an EPO is often granted without notice to the respondent, meaning the judge initially hears only one side of the story.
Because of this, Alberta law requires the order to be reviewed shortly afterward by a judge of the Court of King’s Bench.
This review hearing is typically scheduled within nine working days.
If you have been served with an EPO, the upcoming review hearing will likely be your first opportunity to present your evidence and respond to the allegations.
What Happens When You Are Served With an EPO in Edmonton
Most Emergency Protection Orders are served by police officers.
In many cases, officers attend the residence and inform the respondent that an order has been granted. Depending on the terms of the order, police may require the respondent to leave the home immediately.
An EPO can impose several restrictions, including:
- prohibiting contact with the claimant
- requiring the respondent to stay away from certain locations
- granting the claimant exclusive possession of the home
- requiring the surrender of firearms or weapons
Some orders may also affect parenting arrangements involving children.
Because these restrictions take effect immediately, it is important to carefully review the order and comply with its terms.
Step One: Read the Order Carefully
The first step after being served with an Emergency Protection Order is to read the document carefully.
The order will explain:
- the allegations made against you
- the restrictions placed on you
- the date and location of the King’s Bench review hearing
Emergency Protection Orders can vary significantly in their terms. Some orders prohibit all contact between the parties, while others allow limited communication through lawyers or for specific purposes.
Understanding exactly what the order requires is essential to avoiding further legal problems.
Step Two: Comply With the Order Immediately
Even if you believe the order was granted unfairly or based on inaccurate information, you must comply with it until the court changes it.
Violating an Emergency Protection Order can result in criminal charges, including charges for breaching a court order.
Common mistakes that lead to criminal charges include:
- sending text messages or emails to the claimant
- attempting to contact the claimant through friends or relatives
- returning to the family home without permission
- attending prohibited locations
Courts treat breaches of protection orders very seriously. It is usually best to avoid any action that might be interpreted as violating the order.
Step Three: Arrange Temporary Housing and Practical Matters
Because many Emergency Protection Orders grant exclusive possession of the home to the claimant, respondents often need to arrange temporary accommodation immediately.
The order may also affect access to personal property inside the home. In some cases, the court allows the respondent to return with police supervision to retrieve essential belongings.
Practical issues that often arise include:
- housing arrangements
- access to clothing or personal items
- transportation
- communication regarding children
An experienced family lawyer can help address these issues before the review hearing.
Step Four: Begin Preparing for the Review Hearing
Under Alberta law, every Emergency Protection Order must be reviewed by the Court of King’s Bench.
This hearing is typically scheduled within nine working days of the order being granted.
At the review hearing, the judge will consider whether the order should:
- remain in place
- be modified
- be replaced with another order
- be cancelled entirely
Because the original order was granted without hearing from the respondent, this hearing is often the first opportunity to present your evidence.
Preparing early can make a significant difference.
Evidence That May Help at an EPO Review Hearing
Evidence is often central to the outcome of an Emergency Protection Order review hearing.
Depending on the circumstances, helpful evidence may include:
- text messages or emails between the parties
- photographs
- witness statements
- timelines describing events
- social media communications
The purpose of this evidence is to help the judge understand what actually occurred and whether the legal test for an Emergency Protection Order was satisfied.
How Emergency Protection Orders Affect Children and Parenting
When children are involved, Emergency Protection Orders can have an immediate impact on parenting arrangements.
In some cases, the order may temporarily prevent the respondent from contacting the children or attending their school or residence.
Even where the order does not directly address parenting, the allegations underlying the EPO may later influence decisions about parenting time and decision-making authority.
Courts in Alberta must consider family violence and the safety of children when determining parenting arrangements.
For this reason, it is often important to address the issues raised by the EPO early in the legal process.
The Importance of the Court of King’s Bench Review Hearing
The review hearing is one of the most important stages in the Emergency Protection Order process.
Unlike the initial application, both parties can attend and present evidence.
The judge will review:
- whether family violence occurred
- whether the violence is likely to continue
- whether immediate protection was necessary
After hearing both sides, the court may confirm the order, vary its terms, or revoke it entirely.
Because these hearings occur quickly and can influence later family law proceedings, preparation is important.
How an Edmonton Family Lawyer Can Help Respond to an EPO
Emergency Protection Orders often arise during highly emotional family conflicts, including separation or divorce.
Legal advice can help ensure that the situation is handled properly and that the court receives a full picture of the circumstances.
A family lawyer experienced with Emergency Protection Orders in Edmonton can assist by:
- reviewing the allegations in the order
- preparing evidence for the review hearing
- presenting arguments in court
- addressing related family law issues such as parenting or property access
In many cases, legal counsel can also help coordinate the Emergency Protection Order process with other legal proceedings, including divorce or parenting applications.
Emergency Protection Order Lawyers in Edmonton
Being served with an Emergency Protection Order can have immediate consequences for housing, parenting, and family relationships.
If you have been served with an EPO in Edmonton, it is important to understand your legal obligations and prepare for the upcoming review hearing.
The family lawyers at Morrison LLP assist clients with:
- responding to Emergency Protection Orders
- preparing for Court of King’s Bench review hearings
- resolving related family law disputes
If you need legal advice about an Emergency Protection Order in Edmonton, our team can help you understand your options and guide you through the legal process.
