"Protection Against Family Violence Act"
The shelter worker told Mary about this Act and what it may mean to her.
This is a part of an Alberta Government pamphlet, Protection Against Family Violence Act in Plain Language published in June, 1999. It gives general information about the Act. You may talk to someone in an immigrant serving agency or a family violence organization to help you understand your options.
The Protection Against Family Violence Act is a law that protects all family members from family violence. If someone is abused or knows someone else who is abused, this law can help.
The Act defines family violence as:
- Injuring or threatening to injure a family member
- Damaging or threatening to damage property in order to intimidate or harm a family member
- Not allowing a family member to leave the home
- Abusing someone sexually
- Stalking someone
The Act provides the following protections:
- Emergency Protection Order
- Queen's Bench Protection Order
- Warrant Permitting Entry
Emergency Order Protection
An emergency protection order is a tool that police can obtain from the court to provide immediate protection to an abused family member. This order can say that an abusive family member:
- must temporarily leave the home,
- cannot contact other family members and
- cannot come near their home, workplace or school.
The police can, if authorized, also take away guns, knives and other weapons.
Queen's Bench Protection Order
An abused person can get this order by:
- asking for it during an emergency protection order review.
- applying directly to Court of Queen's Bench. Legal help will be needed.
This order can say the abusive family member:
- must leave the home,
- cannot contact other family members, and
- cannot go near their home, workplace or school.
He or she can be ordered to pay some costs or temporarily give some items to the abused family member.
Police can, if authorized, take away weapons.
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 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.
To get more information:
- Call your local police, RCMP detachment, shelter or victims' services unit. They can help you get more information about other services in your community.
- The Office for the Prevention of Family Violence has information about family violence and this Act. It also has materials in many languages. Call 310-0000 from anywhere in Alberta and ask for 422-5916.
©1998-1999 Legal Resource Centre of Alberta.
