Alberta restraining Order Forms

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Commonly Asked Questions about Alberta restraining Order Forms

If you have been assaulted or you are in a family violence situation contact your local police or RCMP detachment. You may qualify for an Emergency Protection Order. A court application made without notice to the other party is called an ex parte application.
The respondent can come to court on that day and share their side of the story with the judge. You must apply for a restraining order in the Court of Kings Bench during regular court hours. There are no fees for filing for a restraining order, unless you are also asking the court for other remedies.
Restraining Order Distinction: Its important to distinguish no-contact orders, which are related to criminal proceedings, from restraining orders, which may be used in family and civil law, and often used in broader contexts of domestic violence or harassment.
Restraining orders can be for as long as necessary. Usually the order says it is good for one year, but it can be for longer or permanently. A restraining order starts as soon as the court grants it. However, the police cannot enforce the order against the respondent until the respondent has received a copy of it.
Legal Test for Restraining Orders The applicant must legitimately fear for his or her safety; The fear can be entirely subjective, so long as it is reasonable; There must be some persistence to the harmful conduct. One-time incidents generally do not warrant the imposition of restraining orders; and.
You can apply for a Restraining Order against any person who has made you afraid for your safety through actions such as: personal injury, property damage, or intimidation. failure to provide food, shelter, or medical attention. threats that cause reasonable fear of injury or property damage.
What proof do I need to get a restraining order against someone? As mentioned above, youll need to gather police reports, photographs of damaged property or injuries, testimony of witnesses or recorded conversations. Note, that a restraining order can only be issued against a current or former partner or spouse.