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.
Roster lawyers are a key part of the Emergency Protection Order Program. Roster duty counsel can find themselves representing respondents at mandatory EPO review hearings. If the order is then elevated to an Oral Hearing, roster lawyers may draw a full-service certificate to represent a respondent if the respondent meets financial eligibility guidelines.
Quick facts about Emergency Protection Orders:
- An EPO can be obtained by a complainant against a family member who has committed family violence – and that violence is likely to resume or continue and the complainant needs immediate protection.
- The EPO can direct police to remove the person accused of family violence (Respondent) from the home, grant the complainant (Claimant) exclusive possession of the home and keep the Respondent from being near the Claimant or from contacting the Claimant.
- A complainant can apply for an EPO through the Court of Justice or Hearing Office. If you believe a client needs an EPO, you can call the LAA Emergency Protection Order Program (EPOP) or direct them to call EPOP.
- Edmonton area: 1-780-422-9222
- Calgary area: 1-403-297-5260
- Outside of Edmonton or Calgary, local police will provide assistance in having an application made out.
- Claimants can also apply in any Court of Justice, provided a justice is sitting that day.
What happens next?
If the order is granted, police remove the person accused of violence from the home.
Within nine business days, a review is held at Court of King’s Bench and Legal Aid continues to provide legal representation for complainants at this stage. Complainants may attend virtually via Webex or by phone. Roster duty counsel are available to represent respondents provided respondents have called into LAA to request duty counsel.
There can be three outcomes to this hearing:
- The order is cancelled
- The order is continued for up to one year, with a specific end date
- The Justice could decide more evidence is needed to make a decision whether to extend the order and the matter is adjourned to a future date, or for an Oral Hearing, with the order remaining in force
If the matter is set for an oral hearing, both the claimant and respondent are able to get LAA counsel, if they meet financial eligibility guidelines to qualify for LAA coverage.
Family Violence Prevention Month resources
- Family Violence Info Line (310-1818) is available free to Albertans 24/7 in over 170 languages
- The Family Violence Info Line chat is available 24/7 daily in English
- The emergency shelters throughout the province provide safe locations for people fleeing violent or abusive situations.
- Province of Alberta supports are available on the Find supports page
- International Day for the Elimination of Violence Against Women