Stalking can also include other kinds of conduct that a judge may determine is stalking. In particular circumstances therefore mental abuse might be evidenced as stalking.

24. Who serves the respondent?

The Protection Against Family Violence Regulation requires that a copy of an emergency protection order be served on the respondent as soon as reasonably possible by a peace officer or by any other person the judge directs. If the respondent is present when a Queen's Bench protection order is granted, that will suffice as notice. If the respondent is not present, the claimant is responsible for serving the Queen's Bench protection order, advisably through a process server or some other neutral third party.

25. If another order exists, what order takes precedence?

Because an emergency protection order under the Protection Against Family Violence Act is very specific and time limited, it would take precedence over any other order dealing with the same subject matter. As an order of the superior court, a Queen's Bench protection order would take precedence over any other order. A judge or justice hearing an application for a protection order should be advised of any other order to determine how it may be impacted by the protection order. The intent of the Act, however, is not to deal with the long-term resolution of property, support, custody or access issues.

26. Is implied or expressed consent of the claimant required in order for police to proceed?

Yes. The Act allows the police or other designated persons to apply for a protection order on behalf of a claimant only with the claimant's consent. The person applying on behalf of the claimant must, therefore, determine whether or not there is consent. This is best achieved by getting express consent from the claimant. However, there is no consent required for the police to lay charges for a criminal offence.

27. Can a warrant permitting entry be used for the purpose of arrest or search and seizure of evidence?

The purpose of the Protection Against Family Violence Act is to provide protection for victims of family violence. It is not a criminal process and does not affix criminal responsibility on a particular individual. A warrant permitting entry provides only an ability for the peace officer to enter, search for and examine the person in question and remove that person with that person's consent. The general police powers of arrest and seizure remain the same as before the Act.

28. What is the difference between a protection order and a restraining order or peace bond?

A protection order is issued under the Protection Against Family Violence Act and is granted where there has been family violence as described in the Act. An emergency protection order (EPO) can be obtained from a presiding justice of the peace on a 24-hour basis and can include such provisions as the respondent being required to leave the home and not contact the claimant. There is an automatic review provision that requires all EPOs to be reviewed by the Court of Queen's Bench.

The Act also allows for a claimant to apply to the Court of Queen's Bench for a protection order. A Queen's Bench protection order covers every issue that an EPO does and more. Its additional powers include the ability to order: a respondent to repay the claimant for monetary losses resulting from the family violence; a respondent to post a bond; that either the claimant or respondent have temporary possession of specified personal property; and that either party is prohibited from dealing with personal property. A Queen's Bench protection order can also order counselling for the respondent and other family members. Both an EPO and a Queen's Bench protection order can be enforced using either the Criminal Code or the court's inherent authority to cite for contempt. They can also provide for arrest without warrant.

A peace bond is issued under the Criminal Code. It is granted by a provincial court judge where grounds exist to believe that an individual will cause injury to, or damage the property of another person, or will injure the spouse or child of another person. An application for a peace bond must be supported by information and there must be an in-person hearing. The peace bond can be in force for up to 12 months and may contain such conditions as the judge considers desirable for ensuring the defendant's good conduct. If the defendant refuses to sign the bond, or recognizance, he or she can be imprisoned for up to 12 months. The judge must consider inclusion of specific terms respecting possession of firearms, ammunition or explosives, non-attendance at certain premises and non-communication. On application, the judge may vary the conditions in the recognizance. While a peace bond may be obtained under the Criminal Code, it can take a long time to obtain. The powers of the police to arrest on a breach may be limited in some circumstances.

A restraining order is sought in the Court of Queen's Bench and often requires the assistance of a lawyer. The process requires the use of an affidavit or completed questionnaire specified by the court. While these orders can in some cases be obtained without notice to the respondent, they are not available outside of normal court hours. Therefore, the family member requiring protection may be left in a situation of danger. Breaches of restraining orders can only be dealt with through the court's power to cite for civil contempt. The Criminal Code is not available to deal with a breach.

29. What legal consequences are there for the community professional who is aware of family violence but does not arrange a protection order?

Under the Child Welfare Act, a person who has reasonable and probable grounds to believe and believes that a child is in need of protective services must report the matter to a Director of Child Welfare. It is an offence not to report. The Protection Against Family Violence Act does not have the same reporting requirement and in fact contains a provision that provides immunity from civil action for peace officers, clerks and any other persons for anything done, attempted or left undone in good faith under the Act. Any consequences for not reporting would likely be professional or ethical in nature.

30. Does a protection order that restrains the respondent from going to the claimant's residence transfer to the claimant's new residence if the claimant moves, or is the protection order address specific?

The Act states that if a protection order restrains a respondent from going to a claimant's residence, that residence, or any other place the respondent is restrained from going to, may be specified. The purpose of this is to make the order certain and enforceable in an equitable and consistent manner.

Therefore, if the claimant moves and wants the respondent to continue to be restrained from going to the claimant's new home, it would be advisable for the claimant to seek a new provision for the protection order.

31. Section 4(2)(k) of the Act allows for a provision requiring counselling. Would such an order be quite general (e.g. "you are ordered to obtain counselling for your violence") or would it be specific (e.g. "You are ordered to obtain counselling from a chartered psychologist until that psychologist can verify that you are unlikely to place family members at risk or threat of violence")?

Part of the concern is that a general order could be complied with, without necessarily alleviating the problem. Can a respondent comply with an order by chatting things over with their neighbour or pastor?

32. Can the judge order the respondent to pay for counselling? If not, can the respondent refuse to comply because the service is not available free in the community? Would Child Welfare or some other organization be forced to provide counselling at no cost?

Depending on the wording of the order, a provision ordering counselling may be specific or general. The provision respecting counselling is only available in a Queen's Bench protection order, which would likely be obtained with legal assistance. The lawyer representing the claimant would be able to assist with the requested wording for the counselling provision in the application.

The court should be made aware of any reasons which might impact on the respondent's ability to comply with any conditions of the order at the time it is being considered. If counselling is ordered, and not attended, then the respondent will have violated the order. The Court of Queen's Bench is not in a position to order Child Welfare or some other organization to provide counselling at no cost, since Child Welfare (or any other organization) is not a party to the matter before the court. In addition, it is the Provincial Court, by virtue of the Child Welfare Act, that has the authority to make orders respecting children it considers are in need of protection.

33. Does a warrant permitting entry have to be used only at a specific address? If the family is transient, can it be used wherever the family is found?

The warrant permitting entry may be granted where the judge is satisfied that there has been a refusal of access to a family member, and the family member may have been the subject of family violence and will be found at the place to be searched. Therefore, the warrant is specific to a particular location.

34. What does "examine" mean under section 10(2)(b)? What type of examination is provided for: verbal interview, physical check, etc.? How intrusive or invasive may the examination be?

The Act does not provide a definition of the term "examine." The normal dictionary definition would therefore apply. Generally speaking, examine means to enquire into the nature or condition of something. Peace officers who go into a residence by virtue of a warrant permitting entry are not medical doctors and are not in a position to do anything more than check on the circumstances of the individual in question. A peace officer can only assist in helping the individual leave with their consent.

35. The regulations state that besides peace officers, "a person acting on behalf of an agency authorized by the Minister of Family and Social Services" (Regulation section 3(b)) can apply for emergency protection orders. Which agencies will be authorized by the Minister for this?

The Minister of Family and Social Services will authorize the Directors of Child Welfare within the Regional Authorities for Children's and Family Services so that they can apply for emergency protection orders. The directors will be able to delegate this authority to staff members working for the Regional Authorities.

36. How can EPOs and QB orders be stopped or changed once they are in place?

An emergency protection order must be scheduled for review by a Justice of the Court of Queen's Bench not more than nine working days after the granting of the emergency protection order. If both the claimant and the respondent want to "stop" the order, it may be possible for the parties to have the matter brought forward to apply for a consent order in Queen's Bench Chambers. If the claimant would like to change a Queen's Bench protection order that has been granted, the claimant may be able to apply to the court for a new Queen's Bench protection order, which would change or terminate the provisions of the existing order. If only the respondent wants to change the Queen's Bench protection order once it is in place, an appeal would have to be filed within the appropriate time.

Although risk assessment tools are available, each community will need to determine how risk assessment and safety planning tools will contribute to their overall community response to family violence.

A protection order is only effective if the respondent obeys it. It is important that each claimant develop a plan to address her/his own safety needs. The service provider and claimant need to be aware that safety planning may not stop when a protection order expires and that safety needs may change over time.

3. How does the Act protect women from an abusive ex-partner?

The definition of family under the Act provides protection for a man or woman who are or have been married to one another or who are residing or have resided together in an intimate relationship. The definition of family member in the Act (section 1(d)) does not include couples who are "dating."

4. If respondents are not incarcerated but are ordered to leave the home, where can they go?

An order may require that a claimant be granted exclusive occupation of the residence for a specified period of time. In these cases the respondent is responsible for making alternate living arrangements. This includes using personal financial resources, family or friends and hostel accommodation. If a respondent has accessed all other resources, temporary emergency accommodation may be available through Alberta Family & Social Services' Supports for Independence or Emergency Social Services. The respondent's copy of the emergency protection order, identification and verification of income must be provided.

5. What proof of leaving an abusive relationship will Supports for Independence (SFI) need when a claimant stays in their own home and does not go to a shelter?

If a claimant has an active file with SFI, any changes in circumstances must be reported to the caseworker. The claimant copy of the emergency protection order will substantiate the client's circumstances for the duration of the emergency protection order. The client is responsible to provide information to the SFI caseworker about the outcome of the Queen's Bench review.

When applying for Supports for Independence, the claimant must report to the nearest District Office. The claimant's copy of the emergency protection order must be shown to the Intake Worker.

6. Is enforcement of conditions a community responsibility?

Protection orders can be enforced either criminally through section 127 of the Criminal Code or through the court's power to cite for contempt. Either way, if there is a breach of a condition of a protection order, the police should be called. If the breach involves a monetary provision, the Maintenance Enforcement system will be used.

7. How will day cares or schools be notified about emergency protection orders (EPOs)?

The claimant has the responsibility for notifying schools, day cares or others of an EPO or Queen's Bench protection order.

8. How do we ensure there is a link between police work and support services?

Based on feedback from community information sessions, many communities already have links between police and support services. In those communities where these linkages are not yet established or need to be strengthened, interagency or multidisciplinary groups of stakeholders can provide a forum for linkages. Alberta Community Development Field Services is available free of charge to facilitate stakeholder meetings and discussions. Contact your local Community Development Field Services office for assistance.

9. What is the coordinated on-going response for supporting families after a protection order is granted?

Much of this work is already occurring at the community level. Providing a coordinated on-going response to support families after an order is granted needs to be developed by community service providers, based on the roles of existing service providers and the availability of services.

10. How can shelters support the legislation?

Women's shelters have a proven track record of providing protection for abused women and children as well as acting as client advocates and referral agents in the area of family violence. Shelters can support the legislation by continuing to provide public education materials and information specific to this Act to clients and to those persons requesting information. Another important role for shelters is to be part of interagency or multidisciplinary responses in their community.

11. Who will train other support service providers?

More than 400 support service providers attended community information sessions, and received general information about the Protection Against Family Violence Act. In addition, designated police officers from each police service in Alberta have been trained. These trainers will take responsibility for training members in their own detachments.

Communication materials are currently under development and will be available through the Office for the Prevention of Family Violence.

Interagency and cross sector working groups across the province are encouraged to put the Protection Against Family Violence Act on their agendas and to discuss how they will assist clients and citizens to access the provisions of the Act.

12. Can a claimant or respondent apply for assistance for counselling when they cannot afford to pay?

There are no resources available under the Protection Against Family Violence Act to cover counselling costs for claimants, respondents or other family members.

Claimants and respondents are encouraged to contact service providers in their communities to find out about no cost, low cost or sliding fee schedule counselling and treatment services. Claimants and respondents are also encouraged to bring their counselling or treatment needs forward at the time of the Queen's Bench review.