Protective Orders in Calgary: What They Mean for Accused Individuals
A protection order in Calgary is an immediate legal directive that can come without warning. These orders provide safety for the claimant and place strict conditions on the accused.
If you’re facing these restrictions, you need to understand your rights and obligations. Working with a criminal defence lawyer in Calgary can help you better navigate the process and respond appropriately.
Types of Protection Orders in Alberta
There are several types of protection orders in Alberta:
- Emergency protection order (EPO): An emergency protection order in Alberta is usually granted without notice in urgent or family conflict situations under the Protection Against Family Violence Act. They impose instant restrictions, like no-contact provisions or removal from the shared residence.
- King’s Bench protection order: It is a long-term order that may follow an EPO after a review hearing in the Court of King’s Bench. It is not as urgent as an EPO. It may extend or modify initial EPO conditions.
- Restraining orders: These are civil orders, often used outside of family violence context. They’re often issued to prevent harassment or unwanted contact.
- Section 810 Peace Bonds: A Peace Bond allows an individual to agree to keep the peace and follow certain conditions under Section 810 of the Criminal Code. It is undertaken to avoid further legal proceedings.
The Review Hearing: Your Opportunity to Respond
An EPO is not final until it has been reviewed by a Justice of the Court of King’s Bench. This review usually occurs shortly after the order was issued, and is an important stage for the accused.
During the hearing, you have the right to present evidence and get legal counsel. A Calgary criminal lawyer can challenge inaccurate claims and request changes to conditions that are considered overly restrictive. Effective legal representation in Calgary may ensure that the order reflects a fair assessment of the situation.
The Risk of a Criminal Breach
Although protection orders are civil proceedings, breaching a protection order is a criminal offence. This means that even unintentional actions can result in severe consequences.
Examples of unintentional breaches include:
- Sending messages through a third party.
- Interaction on social media platforms.
- Sharing a public location with the claimant.
A breach may result in an arrest and additional criminal charges, which could impact future court proceedings and sentencing outcomes. That’s why it is so important to understand the exact terms of your order.
FAQs
Does a protection order mean I have a criminal record?
No, it is a court order, not a criminal conviction. A record may only result if the order is breached.
Can I still live in my home if an EPO is served?
Many EPOs include a mandatory “move-out” condition. You should review the order before attempting to return home.
What if the claimant wants to talk to me?
Don’t respond. The order remains in effect until it is formally changed or cancelled by a judge.
How long does a Peace Bond last?
A Peace Bond usually lasts up to one year, during which you must comply with all conditions.
Get In Touch With Muenz Law Today
Protection orders may have serious legal implications, which is why you should have an informed response to protect your rights and avoid future complications.
Call Muenz Law at 403-543-6666 or visit our website to schedule a consultation and speak with an experienced criminal defence lawyer in Calgary today.