Calgary Woman's Emergency Shelter

What is a Restraining Order?

A restraining order is an order made by a court to protect a person from physical pain or injury or the threat of pain or injury. It can generally be issued against a family member (for example, partner, husband, ex-husband, father of your child) or a household member (anyone with whom your client lived or used to live) or against someone they have recently dated. The client does not have to be married to the person to get a restraining order. However, she must know where the person lives or works.

What is an Emergency Protection Order?

An emergency protection order is an order that police can obtain from the court to provide immediate protection to an abused family member. The application can be made by telephone or in person at any hour of the day or night. (Call the police or RCMP to make the application for you.) You may also make an application for this order at Provincial Court, Family Division) There must then be a review of the order in court by a judge within nine days when all parties can be present. The judge will then decide whether or not the order should be confirmed or revoked. This order can say that an abusive family member: must temporarily leave the home immediately, cannot contact other family members, cannot come near their home, workplace or school, and must give up all guns, knives and other weapons.

What is a Peace Bond?

Another remedy may be a peace bond. This is simply a promise made by your partner to the court to behave and keep the peace. In order to get a peace bond, you will have to lay private information at the police station. Both you and your partner will have to appear in court to testify. It can take up to six weeks to obtain a peace bond and the police are more reluctant to enforce them than an EPO or Restraining Order.

What is a Parenting Order?

A parenting order is a court order that sets out particular responsibilities regarding children. A parenting order may cover: which person the children will live with, who the children spend time and communicate with, any other issues relevant to the care of the children, such as schooling or medical treatment and Travel outside the country

What is an Ex Parte Parenting Order?

An ex parte parenting order can be made without partners consent when there is abuse indicated.

What is a Contact Order?

A "contact order" addresses the ability of grandparents and others who are not guardians to spend time with the child. A non-guardian's time with a child is called "contact". Under the Family Law Act, grandparents have a right to apply for contact with grandchildren when parents are separated or one of the parents is deceased. Parents who are not guardians, or persons standing in the place of parents (e.g. step parents) may also have such a right to apply for a contact order. All other persons must require approval of the court to apply for a contact order. They must outline the importance of their relationship to the child, and why it is necessary to have the contact order to stay in touch with the child. a non-guardian or stepparent visitation rights and time with a child can be enforced for benefit of child