Protecting Yourself

Protective Orders under the Prevention Against Family Violence Act (PAFVA)

The Prevention Against Family Violence Act of Alberta is a law that protects family members, in certain situations, from family violence.

Please note that a court order provides some protection, but is not a guarantee of your safety. You should continue to take steps to protect yourself and anyone else who might be at risk of abuse or violence.

There are two kinds of protective orders that are available under this Act as well as a provision for the police to obtain an order for entry into premises to ensure the safety of those inside:

• Emergency Protection Order
• Queen's Bench Protection Order
• Warrant Permitting Entry

Who is protected under the Act?

Where to get help for orders under Protection Against Family Violence Act (PAFVA)

• In an emergency situation, the police will assist you.

• Legal Aid will provide legal assistance for the review process of an emergency protection order. This service is available to everyone regardless of income. Website: www.legalaid.ab.ca.

• In other situations, for example, applying for a Queen's Bench Protection Order without having had an emergency protection order, you can contact Legal Aid to see if you qualify for legal assistance. See Legal Aid's website at www.legalaid.ab.ca and follow links to What We Do, Family Law Office.

• For other areas of Alberta, a list of lawyers appointed to act as duty counsel can be accessed through local Legal Aid offices (if you qualify for Legal Aid). Website: www.legalaid.ab.ca.

• The Law Society of Alberta will provide names of lawyers in private practice who work in this area of law. Contact the Lawyer Referral Service toll free at 1-800-661-1095 or in Calgary at 403-228-1722. The service can give you the names and numbers of three lawyers who are in your area, and who practice in this area of law. You can see any or all of these lawyers free for half an hour before you decide which one to hire. Website: www.lawsocietyalberta.com.

• In Calgary, you may contact Calgary Legal Guidance at 403-234-9266. Website: www.clg.ab.ca.

• Family Law Information Centres in Edmonton and Calgary may also be able to provide assistance. For information regarding the Centres, see the Alberta Courts website at www.albertacourts.ab.ca and follow links to Court of Queen's Bench, Family Law Information Centre.

Who is protected under the Act?

The Act protects family members who are:

• a man and a woman who are or have been married or living together intimately

• parents of children whether or not they are married

• persons who are related to each other by blood, marriage or adoption or by virtue of an adult interdependent relationship

• children in the care and custody of any of the family members already mentioned

• persons who live together where one has care and custody of the other from a court order, for example, a guardianship order

NOTE: the Act does not cover abuse committed by a family member who does not live with the abused.

Warrant permitting entry

If someone is not allowed to see a family member and thinks he or she is a victim of abuse, that person should call the police. Police can ask for special permission (a warrant) from a judge, permitting entry into a family member's home. It allows them to go into a family member's home and make sure she or he is safe. If this family member wants to leave or needs assistance, police can help. This procedure is only available to help family members as defined by the Protection Against Family Violence Act.

Protecting Yourself - Continued: Using the Law to Keep an Abuser Away Protective Orders under the Protection Against Family Violence Act (PAFVA) Emergency Protection Orders Queen's Bench Protection Orders Restraining Orders Peace Bonds FAQs on Restraining Orders and Peace Bonds (frequently asked questions) Protection Against Family Violence Act

July 2003

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