Protecting Yourself

Queen's Bench Protection Orders

  • A Queen's Bench Protection Order is an order which can be requested in a non-emergency situation, or in a review hearing relating to an emergency protection order.

  • A date and time for review of an emergency protection order will be given when the original emergency protection order is made. If there has been no emergency protection order, you can apply directly to Court of Queen's Bench for a Queen's Bench Protection Order.

  • If you are applying directly to Court of Queen's Bench for a protection order, you can find assistance in booklets provided by Alberta Justice. The booklets are available from the Family Law Information Centres in Edmonton and Calgary. They are also available online at www.albertacourts.ca, follow links to Court of Queen's Bench, Family Law Information Centre, Booklets.

    Edmonton:

    Family Law Information Centre
    Main Floor, Law Courts Building
    1A Sir Winston Churchill Square
    Edmonton, AB T5J OR2
    Phone: 780-415-0404

    Calgary:

    Family Law Information Centre
    Court House Annex
    603 - 6th Avenue SW
    Calgary, AB T2P OT3
    Phone 403-297-6600

  • When applying for a Queen's Bench Protection Order the person against whom the order is sought must be given notice of the hearing and can attend to state why the order should not be granted.

  • A Queen's Bench Protection Order can include any of the following terms:

    • the abusive family member must leave the home;

    • the abusive family member cannot contact other family members, co-workers, employers, employees or friends;

    • the abusive family member cannot go near their home or workplace or any other location that the abused frequents;

    • the abusive family member can be ordered to get counseling;
    • the court can authorize counselling for any child who comes within the definition of family member;
    • any weapons will be taken from the abusive family member;

    • the abused or other family members can temporarily live in the home;

    • the abusive family member must reimburse the abused for any monetary losses suffered as a direct result of the family violence;

    • the abused or the abusive family member cannot deal with property that they both have an interest in;

    • the police will go with the abused to the home to supervise the removal of belongings;

    • the abusive family member must post a bond to ensure they will obey the order;

    • any other order a judge feels is appropriate.

  • The court will not automatically order specific terms of an order. You must be sure to ask the court for the terms that are going to apply in your circumstances and which are going to help keep you safe. If you have a lawyer working for you, you must tell the lawyer all relevant information so that they can make the right request on your behalf. It is very important to include a term that gives the police the power to arrest the respondent if the order is broken. This is called an enforcement clause.

  • The order can be in force for up to one year and can be extended for one year periods.

  • Once you have a Queen's Bench Protection Order, you must make sure that a copy of the order is served on the respondent if they did not come to court and did not know the order had been made. If you do not have a lawyer acting for you, it is advisable to hire a process server to serve the respondent with a copy of the order. You must give the process server a certified and filed copy of the order. These are obtained through the courthouse office. When service has been carried out, the process server will give you an Affidavit of Service with the certified copy of the order attached. The Affidavit must be filed with the Chambers Clerk at the courthouse.

Enforcing the order

It is a good idea to carry a copy of the order with you at all times. If a person breaches the terms of a restraining order, the person can be arrested. If you carry a copy of the order you will be able to show it to any authority, such as the police, who can then take the necessary action in arresting the offender.

  • Once the respondent has been served with a copy of the order it is very important that the order is then registered with the police. The police have a registry system that can be accessed anywhere by computer if an order is broken. Registration of the order will help to ensure that there will be a speedy response if it is ever broken.

  • To register the order with the police you will need a certified copy of the order, and a filed copy of the Affidavit of Service. You must fill out a Statement of Description form which can be obtained from the police, and confirm your home address and any other address that you want the respondent to be kept away from. You must also confirm to the satisfaction of the police that any variations, amendments or extensions to the order will be brought to the attention of the Registry immediately after they are filed with the court.

  • Edmonton and Calgary each have a Restraining Order Registry which will also register Emergency Protection and Queen's Bench Protection Orders:

    Edmonton:

    The Chief Of Police
    Edmonton Police Service
    9620 - 103A Avenue
    Edmonton, AB T5H OH7
    Attn: Case Management Unit

    Calgary:

    The Chief of Police
    Calgary Police Service
    133 - 6th Avenue SE
    Calgary, AB T2G 4Z1
    Attn: Case Management Unit

  • Outside of Edmonton and Calgary you should contact your local police or RCMP detachment to see where and how to register your order.

  • If a person breaks the terms of a Queen's Bench Protection Order, he or she can be charged or cited for contempt of court. It is important that the order give the police the authority to arrest someone if the order is broken.

  • Any sums of money that are not paid in accordance with the order will be handled by the Maintenance Enforcement Program.


Protecting Yourself - Continued:

July 2003

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