Emergency Protection Order (EPO) Lawyers Edmonton

Emergency Protection Order Lawyers

At Helm Family Law LLP our lawyers focus exclusively on the practice of family law. We have experience representing those initiating and responding to Emergency Protection Orders (EPOs).

Emergency Protection Orders are often accompanied by urgent parenting, support, and property related issues which can be complex to navigate. In many cases, one or both parties have to find a new place to live on an urgent basis.

Our lawyers are available to advise you on your options, create a plan to address the issues arising from an Emergency Protection Order, and help you take immediate steps to protect yourself and your family. We understand how overwhelming these situations can be, and we are here to guide you through every step of the way.

If you need legal assistance with an Emergency Protection Order, contact Helm Family Law LLP today to schedule your no-obligation consultation.

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What is an Emergency Protection Order (EPO)?

An Emergency Protection Order (EPO) is a protection order under the Prevention Against Family Violence Act. It is one of the tools available for the Court to address urgent issues of family violence.

The party seeking the Emergency Protection Order is referred to as the “Claimant” and the person who the Emergency Protection Order is against is referred to as the “Respondent”.

The initial Emergency Protection Order is obtained without the Respondent being present and is then scheduled for a review so that the Court can hear the evidence of both parties. While the Emergency Protection Order is in effect, a breach by the Respondent may lead to them being arrested and charged.

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 presiding 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 often 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 Emergency Protection Order 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.

Facing an Emergency Protection Order? Call us at 780-760-1388 today to schedule your no-obligation consultation with one of our family lawyers.

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Our Family Lawyers

The lawyers at Helm Family Law LLP have over 25 years of combined experience in providing professional, personalized, legal services. Read more about our family lawyers at the “Our Team” page.

Our lawyers represent those facing an Emergency Protection Order in Edmonton, Red Deer, St. Albert, Sherwood Park, Spruce Grove, Stony Plain, Leduc, St. Paul, Grande Prairie, Peace River, and all of Northern Alberta.