Hometime

Hometime · Alberta legislation

CPA Condominium Property Act

CPA · Protection Against Family Violence Act

4 King's Bench protection order

Current to 2025-06-11 · Official PDF

(1) An order under this section may be granted by a justice of the
Court of King's Bench on application if the justice determines that
the claimant has been the subject of family violence.
(2) An order under this section may include any or all of the
following:
(a) a provision restraining the respondent from attending at o r
near or entering any specified place that is attended
regularly by the claimant or other family members,
including the residence, property, business, school or place
of employment of the claimant or family members;
(b) a provision restraining the respondent from contacting the
claimant or associating in any way with the claimant and
from subjecting the claimant to family violence;
(c) a provision granting the cl aimant and other family members
exclusive occupation of the residence for a specified period,
regardless of whether the residence is jointly owned or
leased by the parties or solely owned or leased by one of the
parties;
(d) a provision requiring the respondent to reimburse the
claimant for monetary losses suffered by the claimant and
any child of the claimant or any child who is in the care and
custody of the claimant as a direct result of the family
violence, including loss of earnings or support, medical and
dental expenses, out-of-pocket losses for injuries sustained,
RSA 2000

PROTECTION AGAINST
moving and accommodation expenses, legal expenses and
costs of an application under this Act;
(e) a provision granting eith er party temporary possession of
specified personal property, including a vehicle,
cheque-book, bank cards, children's clothing, medical
insurance cards, identification documents, keys or other
necessary personal effects;
(f) a provision restraining eith er party from taking, converting,
damaging or otherwise dealing with property that the other
party may have an interest in;
(g) a provision restraining the respondent from making any
communication likely to cause annoyance or alarm to the
claimant, including personal, written or telephone contact or
contact by any other communication device directly or
through the agency of another person, with the claimant and
other family members or their employers, employees,
co-workers or other specified persons;
(h) a provision directing a peace officer to remove the
respondent from the residence within a specified time;
(i) a provision directing a peace officer to accompany a
specified person to the residence within a specified time to
supervise the removal of personal belongings in order to
ensure the protection of the claimant;
(j) a provision requiring the respondent to post any bond that
the Court considers appropriate for securing the
respondent's compliance with the terms of the order;
(k) a provision requiring the respondent to receive counselling;
(k.1) a provision authorizing counselling for a child referred to in
section 1(1)(d)(iv) without the consent of the respondent;
(l) a provision directing the seizure and storage of weapons
where the weapons have been used or have been threatened
to be used to commit family violence;
(m) any other provision that the Court considers appropriate.
(3) A provision of an order referred to in subsection (2)(b) is to be
interpreted as prohibiting contact by any means, including through
a third party, unless the order expressly provides otherwise.
RSA 2000 cP-27 s4;2006 c8 s6;2011 c4 s5;AR 217/2022
RSA 2000