Nov. 5, 2024 – Across Canada, Alberta is ranked third in self-reported spousal violence. It is important to raise awareness of the issues surrounding domestic violence, ways to prevent it and the legal tools available to stop it. November is Family Violence Prevention Month – aimed at educating people on the warning signs of family violence and the resources available to address it.
Legal Aid Alberta plays an important role in addressing domestic violence. In addition to providing training to family violence prevention organizations and police services across the province, LAA lawyers assisted Albertans with more than 2,000 Emergency Protection Order applications last year.
Legal Aid Alberta staff lawyer Gwen May appeared on the Global Morning News segment of Ask A Lawyer to talk about Emergency Protection Orders and how they help those struggling with family violence.
View the Ask A Lawyer segment
Transcript of the segment:
Daintre Christensen: November is family violence prevention month – a time to raise awareness and take action against domestic violence. Here today to discuss how Emergency Protection Orders can help those facing domestic violence is Legal Aid Alberta staff lawyer Gwen May. Welcome. Happy to have you here Gwen.
Gwen May: Thank you.
Christensen: Tell us what is a legal protection order and how does it help?
May: An EPO, or an Emergency Protection Order, is an order you can get in the case of domestic violence which removes the person accused of committing the violence from the home if you still live together and keeps them from contacting or being near you while it’s in place.
Christensen: So is that something you would have to file out of the King/ Bench downtown?
May: You do have to apply for it though the court but it is actually through the Court of Justice or the hearing office and Legal Aid Alberta has a program where we assist with the application and one of the staff lawyers that will speak to people suffering at the hands of an abuser and help make an application.
Christensen: Because it’s an overwhelming time for somebody and there’s a lot of heightened emotions of course there’s fear that is related to all of that and I’m sure your assistance is key when it comes to properly having that emergency protection order laid out.
May: It is difficult for people. They’re usually calling after a violent incident so they could be frustrated or panicked or devastated so using a trauma informed approach can be useful to help find out what people need and make the next step to apply for a protection order.
Christensen: And with a protection order how long could that generally be put are there different time frames that are be allowed for that?
May: When it’s granted it is always tied to review date that has to happen within nine business days of the granting of the order so the Justice or JP doesn’t have a lot of discretion and then when you’re at the review it can be continued for up to one year with a specified end date. >>
Christensen: Does the person who is accused or at least having the emergency order put against them, are they having expected to attend in court?
May: They are entitled to be made aware of that date so the complainant should expect the respondent will be there as well but they can attend – they don’t have to attend personally – they can attend virtually by phone or online.
Christensen: Because there could be an instance where they do not feel comfortable being in the same room with them?
May: Absolutely.
Christensen: And with all of that it is daunting to be going through the court process. how does legal aid help when it comes to victims of domestic violence?
May: So for the EPO review process there’s legal aid representation through that review on both the claimant and the respondent. we also provide supports like safety planning through the process.
Christensen: And are there any info sessions that are occurring this month to folks that might need more information when it comes to legal aid and its role that plays for domestic violence month?
May: Yes. I’m speaking at Diverse Voices. We’re also providing training to family violence practitioners in Fort Saskatchewan and with the EPS with their front line domestic violence course. And if you go to the Legal Aid Alberta website you can always contact our program for more information. >>
Christensen: Thank you very much for coming Gwen and we do appreciate it and hopefully we will be able to provide any folks that need it the info they need.
And Legal Aid Alberta lawyers specialize in family law and child welfare and domestic violence, immigration and youth and youth criminal defence. If you have a question for a lawyer, send it to [email protected] .
Family violence action and prevention resources
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