Emergency Protection Order Lawyers Edmonton
Experienced Family Lawyers Offering Compassionate Representation in Emergency Protection Order Matters
Emergency Protection Orders in Edmonton
An Emergency Protection Order (EPO) is one of the tools available to provide protection to those experiencing family violence. After an Emergency Protection Order has been obtained, any breaches of the EPO can result in the Respondent being arrested.
Depending on the nature and seriousness of the family violence, an Emergency Protection Order may also need to be accompanied by a safety plan which may involve police and third-party organizations helping those experiencing family violence.
At Helm Family Law LLP, our family lawyers have experience representing individuals who are either initiating or responding to an Emergency Protection Order (EPO).
What is an Emergency Protection Order?
An Emergency Protection Order (EPO) is a protection order under the Prevention Against Family Violence Act.
The initial Emergency Protection Order is obtained without notice to the Respondent. The “without notice” component of the initial Emergency Protection Order is for providing immediate protection of those experiencing family violence.
The legal test for obtaining an Emergency Protection Order is that:
- Family violence has occurred;
- The Claimant has reason to believe that the Respondent will continue or resume carrying out family violence; and
- By reason of seriousness or urgency, the Emergency Protection Order should be granted to provide for the immediate protection of the Claimant.
What is the Emergency Protection Order Review Process?
The initial Emergency Protection Order is obtained on an ex parte basis, which means the Respondent is not present and they do not have the opportunity in the first instance to present their version of events. The initial Emergency Protection Order review is scheduled within 9 business days at the Court of King’s Bench.
At the Emergency Protection Order Review Hearing, the Justice can confirm the EPO, revoke the EPO, or set the matter down for an Emergency Protection Order Oral Review Hearing. The initial Emergency Protection Order hearing is frequently adjourned to allow the Respondent time to retain a lawyer and prepare their Response Affidavit which details their version of events for the Court.
The Emergency Protection Order Oral Review hearing will involve the Claimant and Respondent being cross examined on the initial EPO transcript as well as subsequent Response and Reply Affidavits. The purpose of the Court hearing oral evidence is to resolve conflicting evidence between the parties.
If you are the Claimant or Respondent in an Emergency Protection Order matter, call us at 780-760-1388 to schedule your no-obligation consultation with one of our family lawyers.
