Restraining Orders
Disclaimer
For additional information and further questions, please consider consulting a legal professional. The Today Centre does not provide legal advice and can only provide information as outlined in this blog post. Thank you for your understanding and consideration.
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About restraining orders
what is a restraining order (RO)?
A restraining order applies to individuals who have reasons to fear for their safety. It is an order that is put in place to protect the individual afraid for their safety and outlines various enforceable actions or required compliances with certain provisions.
Who can file a restraining order?
A restraining order can be filed by any individual who has reasonable fears for their safety or against someone whose conduct towards you is threatening, annoying, or frustrating towards you, your children, or your property.
This conduct can include:
A reasonable and legitimate fear for you or your children’s safety or property
Conduct that threatens your reputation or privacy
Conduct that is harassing, such as stalking or repeated phone calls
Who can I apply for a restraining order against?
Anyone who has made you afraid for your safety through actions such as:
Threats that cause reasonable fear of injury or property damage
Forced confinement
Forced sexual contact
Stalking or harassment
Personal injury against you
Property damage
Intimidation
Failure to provide food, shelter, or medical attention (neglect)
How does a restraining order protect me?
A Restraining Order can enforce the respondent to abide by particular actions and compliance with outlined rules and regulations. Examples of these actions could include no contact orders, limited contact or spatial distance orders, staying away from frequently attended places such as schools, workplaces, or homes, or to stop harassing, watching, phoning, or interfering with the applicant directly or indirectly.
How long does a restraining order protect me for?
If a Restraining Order is applied for without notice (ex parte), it will be put into place immediately upon approval of the application for at least 10 (ten) business days or 2 (two) weeks until review of the application at your court date. A court date will be given to you upon filing the application.
If a Restraining Order is applied for with notice, it is not in place until a court approves or denies it at your scheduled court date. A court date will be given to you upon filing the application.
In both circumstances, after the application period, both you and the respondent will be given the opportunity to provide evidence and counter argument to the terms and conditions of the Order. A longer date or new Restraining Order may be in place for up to one year as appropriate and as decided by the judge. Prior to the expiration date of the Restraining Order you can apply for an extension of the Order. It is common for Restraining Orders to only be in place for up to a year. However, you can also apply for a Restraining Order to be in place for any timeframe up to a year (ex. 3 months, 6 months, 8 months, etc.).
terminology
address for service
The applicant’s address.
applicant
The person applying and filing the application (the individual afraid for their safety)
affidavit
A written statement confirmed by oath or affirmation and used in court. It is confirmed by a Commissioner of Oaths and is treated as oral evidence.
affidavit of service
A court form proving to the judge that the respondent was properly notified of your application by a process server. It details who delivered the documents, the date they were delivered, and the address at which the respondent was served.
Commissioner of Oaths
An individual authenticating documentation used in court. They administer oaths, and take and receive affidavits, affirmations, and declarations. Not to be confused with a Notary Public. A clerk at the Court of King’s Bench can serve as a Commissioner of Oaths.
Court of justice
Refers to the ‘Alberta Court of Justice’ which is the provincial court of Alberta.
Court of King’s Bench
The Superior Trial Court of Alberta, hearing trials of civil and criminal matters in Alberta.
Evidence
Sometimes called ‘exhibits’ and refers to documentation proving the need for a Restraining Order. This cannot exceed 40 pages total and does not include videos or audio recordings unless given permission to do so. Should you desire to have videos and audio recordings included in your exhibits, you will need to request permission from the Court during your review, asking to play said audio/video as evidence. Be prepared for the Court to say no. You can include evidence that quotes a voicemail or text message or is a transcription of a video or audio recording. Everything must be printed copies, you cannot present evidence on your phone unless given permission to do as stated above. Each piece of evidence will be signed by a Commissioner of Oaths at filing.
ex parte
‘without notice’
process server
A person, usually a peace officer, who delivers an approved Order for notice to the respondent. This can be a family member, friend, peace/police officer, or a hired individual
respondent
The person responding to the application/Order and obliging by the Order (the individual causing harm)
Statement of description
A physical description of the respondent so that the process server and the police know who to deliver the Order to or enforce the Order against.
Applying for a Restraining Order
How do I apply for a restraining order?
Step 1: Obtain the forms. You can receive the forms from the Information Services Room 8124, located on the 8th floor of the Brownlee Building at 10365 97 Street NW between the hours of 8:15 AM - 4:00 PM. PDF packages are linked below in the ‘Helpful Resources’ section.
Step 2: Fill out the appropriate form as applicable to your situation. There are two different types of Restraining Orders (refer to ‘What Type of Restraining Order Do I Apply For’ for more information). You do not have to use your own home address or phone number on the application if you think it will put you in danger. You may use a friend’s address, a work address, or a family member’s address. You should always notify that individual if you are using their address for the application.
Step 3: Declare your application. This means taking the original application (the form) and any applicable evidence before a Commissioner of Oaths (refer to ‘Commissioner of Oaths’ for more information). Make two copies of this and bring them with you to your court date. File your application, making those two copies as noted before, at the Court of King’s Bench. They will stamp and keep the original copy and return your copies to you. The filing and declaration of our application can be done in one step at the Court of King’s Bench, as the clerks at the Court of King’s Bench can also serve as a Commissioner of Oaths.
Step 4: Attend court. You will receive a court date from the Court of King’s Bench upon filing your application. Bring a copy of your application/Restraining Order with you to this court date.
Step 5: Once your application/order has been approved, have a process server, friend, or family member hand-deliver the court materials (the Order) and other documentation to the respondent for you. Remember that if you would like a peace/police officer to serve as the process server for you, you must request this in your original application. This individual will then file an Affidavit of Service.
Step 6: Register your Restraining Order with the police at the Edmonton downtown location ONLY. This is located at 9620 103A Ave NW, Edmonton, AB. Include a copy of the Order, a filed copy of the Affidavit of Service, and the Statement of Description.
Step 7: The Restraining Order is in place only until the review date*. The review date is usually 2 weeks (or 10 business days) from when you first filed the application. The review date is set to allow opportunity for the respondent to respond to the application.
Step 8: Attend your review date. At the review the judge will hear arguments from both parties (the applicant and the respondent) about whether or not the Restraining Order should be renewed. If is renewed, a new Order will be typed up for you. If the respondent was not present in court at the review date, or they did not receive a copy of the Order, you must arrange to have them personally served (by way of another process server) with the new revised Restraining Order given to you at your review date. At the review date, the judge can grant a Restraining Order for a longer period. If the respondent rejects the Restraining Order, they will have to file an affidavit. You can reply to the respondent’s affidavit, as it provides more opportunity for you to reinforce your argument and provide more evidence for the Order. There is no penalty if you do not respond to the respondent’s affidavit.
At any point in the process, you can go to Information Services (refer to ‘Helpful Resources’ below for contact information) for clerical help with terminology, knowing which forms you need, or inquiring about questions on the forms specifically. Please note that you must have questions already on hand ready to ask, as many clerks do not have much time.
*Please see the ‘How long does a restraining order protect me for?’ section above for more information.
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There are two different ‘types’ of Restraining Orders. All Restraining Order Packages (with and without notice) can be found below in the ‘Restraining Order Packages’ section.
For matters dealing with a spousal situation, which means someone you are married to, someone you were married to, a romantic partner you live with, or someone you are common-law with, you will be applying for a Family Law Restraining Order. The form for this order can be found here. *This link will download a form.
For matters dealing with other family members (step-parents, grandparents, siblings, etc.), neighbors, coworkers, children, etc., you will be applying for a Civil Law Restraining Order. The form for this order can be found here. *This link will redirect your current tab.
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A Commissioner of Oaths can be found anywhere in the city. A court clerk at the Court of King’s Bench can also serve as a Commissioner of Oaths.
You can google available Commissioner of Oaths to sign your application or you can find one at AMA here. *This link will redirect your tab.
Please note that there is most likely going to be a fee associated with a Commissioners of Oaths’ service used outside of the Court of King’s Bench.
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You must file out all appropriate forms regarding your application, including the application form which must be filed before a Commissioner of Oaths, and file them at the Court of King’s Bench.
You CANNOT apply for a Restraining Order at a Court of Justice.
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If the situation is emergent and your safety or your children’s safety is at risk, you can apply for an ex parte (without notice) application. This means a Restraining Order is filed without notice to the other party (the respondent). The individual will only be notified of the Restraining Order until they receive an approved copy.
However, you will still need to provide a copy of the order to the respondent so they are aware the Restraining Order is in place and understand the rules and regulations they are to follow under its terms and conditions.
If your situation is not urgent, the court will ask you to give notice to the respondent with your filed application (copy) at least 10 (ten) days before your scheduled court date. Your court date will be given to you upon filing your application.
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A judge in the Court of King’s Bench will approve your application.
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If a Restraining Order application without notice is denied, you can reapply for a Restraining Order with notice. This will require you to redo the application and file a different application form
Important Things to Note
Before beginning the process of a restraining order, you should know that the application requests dates, times, and important relevant information/facts and evidence regarding the need for the restraining order and what prompted the application. Should you need a safe space to store evidence/documentation that is court approved (date and time stamped) you can check out Undaunted, a free, safe and secure, password-protected online database for storing evidence and documentation.
Always seek professional legal advice for further options and questions.
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Your court date for a review of your application will be set for the ‘Urgent Matters’ court in the Court of King’s Bench courthouse. This is located at 1A Sir Winston Churchill Square, Edmonton, AB T5J 0R2. To access the Court of King’s Bench you will be entering on the southside of the building from the West entrance facing 99 Street and the Edmonton City Hall.
The courtroom you will be going to is room 517 (five-hundred seventeen) on the 5th (fifth) floor of the courthouse. This room is accessed using the elevators in the lobby upon entry. For the virtual court room you will be accessing courtroom 99.
If you are lost, you may ask for help at the front desk or a sheriff who may be walking around the courthouse.
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There is opportunity to appear in court both virtually and in-person.
However, for your first court date when applying for a Restraining Order WITHOUT NOTICE, you must appear in court IN-PERSON.
Should you choose to join court thereafter or when applying for a Restraining Order WITH NOTICE, the virtual courtroom can be accessed using the link here.
The telephone call in number for the virtual courtroom is +1 (780) 851-3575
The access code and meeting number is 187 045 7913.
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Whether attending virtually or in-person, the order of court on your court date is determined by the date the orders were filed. This may mean that you are listening to numerous other reviews prior to the review of your own and it could take a number of hours (or all day) before your review. You must remain in court for the duration of the day until your review but you are free to leave once your review has been completed.
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The respondent must be notified of the application/restraining order by way of a process server. This is an individual who goes in-person to the location the respondent dwells and ‘serves’ the respondent notice of the application. This individual is usually a peace/police officer or a family member or friend.
You are responsible for arranging someone to act as the process server to serve the Restraining Order and the appropriate accompanying files to the respondent yourself. It is vital that you DO NOT serve personally as the process server. Should you desire a peace/police officer to serve as the process server, you must apply for this within your initial Restraining Order application.
If the process server is not a peace/police officer, you can arrange for a friend or family member or hire a process server yourself. If you choose to hire a process server there may be a fee associated. The fee for hiring an external process server is usually $60+, ranging on average from $75 - $150.
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The Restraining Order must be hand-delivered to the respondent. It is VERY IMPORTANT that you as the applicant are NOT delivering the order yourself. There is usually 3 (three) attempts to hand deliver an application in-person before electronic means by email will be explored.
If it is impractical due to safety or urgency not to give notice, there may be exemptions to having the order hand-delivered.
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The original signed Affidavit of Service must be filed at the Court of King’s Bench clerical counter/desk. This is on the southside of the courthouse using the West entrance.
The form for the Affidavit of Service can be found here.
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Yes. You MUST keep a copy of the Affidavit of Service, and a certified copy of your Restraining Order in your possession at all times while the Order is in effect. The police WILL ask to see the Order if it is breached. Ensure that any other family members or individuals named on the order also have a copy themselves. Ensure daycares or schools have a copy should the respondent seek to contact the child at those locations.
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An Emergency Protection Order (EPO) is an emergent protection order applicable only to family members and family violence, defined as those you are or were married to, are in an adult interdependent relationship with, or someone you are dating ONLY if you live together or have a child together. An EPO can forcibly remove the respondent from the premises shared. An EPO can be applied for anytime within/outside court hours.
A Restraining Order (RO) is for protection against anyone in contact with you, regardless of their relationship to you. It cannot order removal of the respondent of a residence where they have a right to live, even if you live there too. A Restraining Order can only be applied for within court hours. You cannot apply for an Exclusive Possession Order under a Restraining Order.
Helpful Resources
restraining order packages
contacting information services
Address
Room 8124, 8th Floor, Brownlee Building 10365 97 Street
phone number
office hours
8:15 AM - 4:00 PM, Monday through Friday
Thank you
We wanted to give a special thank you to Gwen May with Legal EPO Counsel for consulting with us on the information presented in this blog post. We are grateful for the time she has given us in providing accurate information that is easy to understand and follow. Thank you, Gwen for your dedication in creating safer, healthier communities for all of us!