How to Get a Restraining Order in Alberta: Complete Lawyer’s Guide

Understanding Your Legal Options When You Feel Unsafe

Few things are more stressful than feeling unsafe because of someone else’s behaviour. If you are being threatened by a former partner, harassed by a neighbour, stalked by someone you know or intimidated by someone you once trusted, you are likely to wonder what legal protection is available. One of the most common questions prospective clients ask me is “How do I get a restraining order in Alberta?”

The answer might seem simple, but the legal process is often much more complex than people think. Beyond trying to navigate a highly charged emotional situation, many people think that if they just tell a judge they are scared, that is enough to get a restraining order. Some believe that any kind of unpleasant disagreement can serve as grounds for a court order preventing another person from contacting them. Both assumptions are incorrect, and these are often the reasons that restraining order applications are denied.

Restraining orders are powerful legal weapons. They limit someone else’s liberty. For this reason, Alberta courts require strong evidence before granting one. The judges must balance the applicant’s proper need for protection against the respondent’s right to freedom of movement, lawful communication and residence without improper restriction by order of the court. Therefore, each application is rigorously tested on its own facts.

I’m a lawyer who has represented both the people who sought a restraining order and the people who fought it, and I’ve seen these cases come up in every context you can think of. Some are former lovers whose romantic relationships have morphed into threats and intimidation. Others involve neighbours whose disputes spiralled over months or years before police were called in. I have also represented clients in matters of workplace harassment, business disputes, landlord-tenant disputes, and disputes between family members that do not come within the protection of Alberta legislation.

The common thread in each of these cases is that the people involved are usually in one of the most stressful periods of their lives. Many have trouble sleeping. Some are scared to get out of their houses. Others are concerned for their own safety, their children, or fear that the situation will continue to escalate without quick legal intervention.

This guide is meant to provide a complete overview of restraining orders in Alberta. It explains what a restraining order is, who can apply, what evidence judges look for, how the court process works and what happens after an order is granted. It also discussed common mistakes people make, practical considerations that are often missed, and why seeking legal advice early can dramatically improve your chances of success. There is never a ‘one size fits all’.

The following information is general public guidance and is not legal advice for any particular situation. If you are facing an urgent safety matter, you should talk to an experienced Alberta restraining order lawyer as soon as possible.

What Is a Restraining Order?

A restraining order is a court order that requires one person to stay away from, not contact, or otherwise refrain from certain behaviour toward another person. The exact wording of each order varies depending upon the circumstances of the case. The basic purpose of a restraining order is simple – to prevent future harm before it occurs.

Restraining orders are preventative remedies, unlike criminal charges, which punish past conduct. The object of the Court is to decrease the probability of continued or increased harassment, intimidation, violence or threatening behaviour. A restraining order can often help an individual regain a sense of safety, and provide the police with an enforceable court order should the prohibited conduct continue.

Depending on the facts of the case, a restraining order may prohibit the respondent from:

• direct contact with the applicant by telephone, text message, email or social media;
• communicating indirectly through friends, family members, employers or any other third party;
• attending the home, workplace, school, or other place designated by the applicant;
• stalking or watching the applicant;
• posting information about the applicant on the web;
• attending or carrying weapons where appropriate; or
• any other conduct which the Court considers necessary for the protection of the applicant.

Each restraining order is tailored to the facts before the Court. Some orders involve only one or two restrictions, while others outline extensive conditions that address multiple forms of unwanted contact.

One common misconception that needs to be cleared up: A restraining order being granted is not a criminal record in and of itself. It is a civil order of a Court. However, violating that order can have serious legal consequences, including arrest, contempt proceedings, and, in some cases, criminal charges, depending on the facts of the case.

Another misconception is that restraining orders are only for victims of domestic violence. Although many restraining order applications are made on the basis of family violence, Alberta courts routinely issue restraining orders in cases involving neighbours, previous dating partners, acquaintances, business associates, former friends, landlords and tenants, and even strangers whose behaviour has become threatening or obsessive. The important question is not what the relationship is called, but whether the legal test has been met.

It is also worth stressing that a restraining order is not meant to fix everyday personal conflict. The courts understand that people argue. Neighbours grumble about fences, noise, pets and parking. Old friends break apart. Business relationships go bad. Harsh words are not spared by divorcing partners. None of these circumstances, by itself, justifies judicial intervention. The judges are instead looking for evidence that the respondent’s behaviour has crossed the line from run-of-the-mill conflict to behaviour that creates a real need for legal protection. Often, the distinction that will make an application succeed or fail.

Not Every Brawl Warrants a Restraining Order

Sometimes, one of the hardest things I have to explain to prospective clients is that even when they are suffering, their circumstances might not meet the legal standard for a restraining order. This is not to say their concerns are unimportant, or that the other person’s behaviour is acceptable. Rather, it reflects the fact that courts reserve restraining orders for situations in which there is sufficient evidence of an objectively reasonable need for judicial protection.

There is good reason for this distinction. A restraining order can have a serious impact on another person’s liberty, employment, reputation, parenting plans, and future legal problems. Courts are cautious about granting such orders because they interfere with substantial legal rights, and they will not do so simply because two people dislike each other or are in an ongoing dispute.

For example, neighbours often get into disputes over property lines, fences, snow removal, trees, parking, pets or noise. These disagreements can get heated, but that doesn’t automatically lead to a restraining order. Similarly, former romantic partners might send unpleasant text messages after a breakup. Business partners might call each other liars. Family members can go years without speaking to each other. While these situations are emotionally difficult, they often require remedies other than a restraining order.

Conversely, the analysis is materially different where the evidence indicates repeated threats of violence, stalking, intimidation, harassment, persistent unwanted communication, surveillance or escalating behaviour that would cause a reasonable person to fear for their safety or the safety of another. In these circumstances, the Court may consider it appropriate and necessary to intervene on a preventive basis.

It is important to consider that judges do not view behaviour as a one-off encounter. Instead, they often consider the entire history of the relationship. Seen in the light of months or years of mounting aggression, a comparatively minor incident can become very important. Likewise, one angry text message of itself may not mean much, if there is no wider pattern of threatening behaviour.

Credibility is another important factor to keep in mind. Many restraining order applications contain highly contradictory accounts of events. The applicant may describe repeated harassment while the respondent denies wrongdoing.  In these situations, documentary evidence often becomes critical. Text messages, emails, photographs, surveillance footage, police occurrence reports, witness statements, and social media communications are often far more persuasive than unsubstantiated allegations by either party.

Finally, applicants should remember that these applications are typically supported by sworn affidavit evidence and may involve oral argument before a judge. Depending on the circumstances, the respondent may be able to file evidence in reply and challenge the allegations before any long-term order is made. The courts expect honesty and full disclosure. Exaggerating events, omitting important facts, or telling a one-sided story can seriously damage credibility. Judges are often called on to adjudicate highly emotional disputes in which both sides have behaved badly. The candid admission of one’s own conduct often enhances an applicant’s overall credibility, rather than detracting from it.

One of the most useful reasons to see an experienced lawyer before you begin an application is to work out whether your circumstances really satisfy the legal test. Sometimes a restraining order is the best solution. In other circumstances, other legal avenues may offer better protection, such as police intervention.

What Kind of Order Do You Want?

One of the first questions a lawyer will ask is not whether you need protection but what kind of protection order is best for your situation. Alberta has several legal tools to protect people from harassment, violence and intimidation, but they are not identical. Choosing the wrong remedy can result in delay to the application, increased costs or even dismissal.  Many people use the term “restraining order” to mean any court order that prevents two people from having contact with each other. Legally, though, Alberta has several types of protective orders, each with its own legal requirements, procedures, and purpose.

The remedies most often discussed are common law restraining orders and Emergency Protection Orders under the Alberta Protection Against Family Violence Act. There are also peace bonds under the Criminal Code, which are criminal law remedies, not civil court orders. Each is designed to address a different type of risk – and understanding the differences is critical.

The correct remedy depends on a number of factors, including:

• the relations between the parties;
• whether violence has already taken place;
• whether there is an imminent risk of harm;
• whether criminal proceedings have been initiated;
• whether the parties have cohabited;
• whether or not children are involved; and
• how urgently court involvement is needed.

For example, a person who is being stalked by a former dating partner with whom they never lived may need a restraining order from the King’s Bench. In comparison, a person assaulted by a spouse the night before might be eligible for an Emergency Protection Order (EPO) that can often be granted within hours.

There are also cases where more than one legal remedy may be available simultaneously. It is not uncommon for a person to apply for a restraining order while police investigate criminal offences or while family court proceedings concerning parenting and divorce have already commenced. It is essential that these proceedings be carefully coordinated so as to avoid inconsistent orders or contradictory evidence.

An experienced lawyer will also evaluate whether you are eligible for particular orders and, if so, which order would provide you with the most effective and practical protection in your particular circumstances.

For instance, emergency protection orders are governed by the Protection Against Family Violence Act and are specifically intended to provide immediate protection where family violence has occurred, and there is an urgent need for intervention by the court. They can provide significant remedies beyond simply prohibiting contact. For instance, they may order the respondent to vacate the family home, grant the respondent temporary exclusive possession of the family home, permit police assistance, or take any other measures to protect the applicant and the affected children. At the same time, emergency Protection Orders are limited to qualifying relationships as defined by the legislation. A competent restraining order lawyer in Alberta can help you determine if an Emergency Protection Order is the appropriate avenue to pursue.

Common-law restraining orders are more flexible, as they are not limited to family violence situations or specific relationships. They are designed to deal with situations where the conduct of one person causes fear, intimidation, harassment or otherwise gives rise to a reasonable apprehension for the safety or security of another person. One strength of a common-law restraining order is its flexibility. The Court has wide latitude in fashioning the order to the unique circumstances of the case. Instead of a standardized list of conditions, restrictions may be tailored to the behaviour giving rise to concern.

For example, if the major issue is repeated harassment on social media, the Court may prohibit all online communication as well as disparaging public posts. Where attendance at the person’s workplace is unwanted and constitutes a problem, the order may, in particular, prohibit the respondent from going within a specified distance of that location. Where the circumstances justify urgent intervention, applications can be heard at very short notice, including outside normal court hours. In suitable cases, the respondent is not advised beforehand, as this might increase the danger to the applicant.

Who Can Get a Restraining Order?

A common misconception is that restraining orders are only for spouses or former romantic partners. That is incorrect. What matters is not the label given to the relationship but whether the applicant has shown an objectively reasonable need for protection.

Applicants frequently include:

• past dating partners;
• neighbours;
• landlords;
• lessees;
• employers;
• employees
• ex-business associates;
• adult children,
• parents;
• extended family members;
• ex-friends;
• caregivers;
• persons who have never been in a close personal relationship with the respondent.

Modern communication has expanded the range of situations in which restraining orders may be required. The applications are now increasingly about online harassment, obsessive messaging, GPS tracking, anonymous social media accounts, the publication of private information and repeated electronic communication, not just face-to-face confrontations.

In some cases the applicant has never even met the respondent face-to-face. The relationship may be an ongoing series of unwelcome communications or online harassment over a long period.  The Court looks at the evidence objectively. The key question is whether the respondent’s conduct engenders a legitimate desire for legal protection, not whether the parties fall within any particular social category.

What is the Legal Test the Court Applies?

The single most important question in every restraining order application is:

Has the applicant shown that there is need for judicial intervention?

Each case is fact-specific, but Alberta Courts generally require evidence that the applicant has reasonable grounds to fear for their own safety, the safety of another, or, where appropriate, their property. This analysis is objective.  The question is not only whether the applicant feels afraid personally. Rather, the Court asks whether an ordinary, reasonable person with the same information would need protection as well. This distinction matters, because fear is necessarily subjective. Two people may react quite differently to the same conduct. In assessing the objective justification of the alleged fear, the Court considers, therefore, both the evidence submitted by the applicant and the surrounding circumstances.

The analysis is usually influenced by a number of factors:

• previous violent acts;
• increasing threats;
• stalking;
• repeated non-consensual contacts;
• supervision;
• intimidation;
• violation of earlier court orders;
• access to firearms;
• breakdown of the parties’ relationship.
• involvement of the police; and
• the witness’s credibility as a whole.

Importantly, courts often look at patterns of behaviour, not isolated incidents. But when viewed in the light of months of escalating harassment, one text message may seem harmless in isolation but can become very important.

Applicants should thus avoid focusing only on the most recent incident. A complete chronology to the Court often gives a much clearer picture of why protection has become necessary.

Can You Get a Restraining Order without the Other Person Knowing?

One of the most common questions clients ask is whether the respondent will be warned before seeking a restraining order. The Alberta courts acknowledge that in some cases, advance notice may heighten the danger to the applicant or frustrate the purpose of the application. For this reason, judges can hear certain applications ex parte, i.e., without giving notice to the respondent beforehand. Ex parte applications are extraordinary remedies. These are normally reserved for truly exigent circumstances, such as where there is a risk of violence before a hearing can be held or where notice might provoke retaliation.

Where the respondent is absent, the duty of candour is particularly high on applicants. They have to reveal all material facts, even those that might not help their case. Failure to do so may result in the order being set aside at a later stage with an order for costs. Consequently, it is critical to seek legal advice before pursuing any ex parte application in Court. An order made without notice, as a rule, is temporary. The respondent will usually be given a chance to come before the Court shortly afterwards to contest the allegations, put forward evidence and argue that the order should be varied or cancelled.

It should be emphasized that judges are not quick to grant ex parte applications. Usually, strong evidence of urgency is needed before proceeding without notice.

Steps in Getting A Restraining Order in Alberta

Step One: Gathering the Correct Evidence

Many people come to a legal consultation thinking that because they have been going through months of fear, harassment or intimidation, the Court will automatically grant the order. They may be very sincere in their concerns, but judges have to decide on the basis of evidence, not sympathy. The question is not simply whether the applicant genuinely believes that protection is necessary, but whether the legal test has been satisfied.

For this reason, evidence should be collected as soon as possible and compiled in a comprehensible manner. In many cases, people delete text messages by mistake, forget to save emails, dispose of handwritten notes or forget to record the date and time of important events. Unfortunately, valuable evidence has sometimes been lost forever by the time litigation begins. A strong restraining order application will usually rely on several forms of evidence that support one another. The more independent sources of evidence there are, the easier it is for the Court to assess credibility.

Useful evidence can be seen in such examples as:

• text messages;
• emails;
• voicemail messages;
• screenshots of social media dialogues;
• photos of injuries or property damage;
• security camera video;
• Doorbell footage;
• GPS tracking information, if available;
• statements by witnesses;
• police incident numbers;
• medical records;
• photographs of repeated visits to a residence or workplace
• call logs showing repeated unwanted contact; and
• prior orders of the court between the same parties.

Not every case will have all these types of evidence. Many successful applications are, in fact, largely based on sworn testimony supported by a few corroborating documents. Nevertheless, applicants should retain every potentially relevant piece of information, rather than attempting to decide for themselves what is or is not important to the Court.

Our office sees many applicants trying to compile and summarize dozens of text messages instead of attaching them directly. Where possible, judges usually like to see the actual communications. The tone, timing, frequency and wording of messages often provide context that a simple summary cannot capture.

Similarly, applicants sometimes offer only the most inflammatory messages, leaving out earlier conversations. Courts generally expect that communications will be read in context. Selective production of evidence can create the impression that important information is being withheld and can damage an applicant’s credibility.

The chronology is another important point. Instead of saying, “He has harassed me for months,” applicants should have a detailed timeline with specific incidents. It is easier for a judge to see patterns of escalating behaviour if the information is presented in chronological order. Often no single event seems very serious in itself. However, repeated conduct over weeks or months may constitute a continuing course of harassment that warrants judicial intervention.

Applicants should also resist the temptation to maintain contact with the respondent after making the decision to seek a restraining order. Continuing lengthy arguments by text message or repeatedly trying to initiate contact can complicate the application and may allow the respondent to argue that the applicant’s fear was not as significant as alleged. Each situation is different, but once you decide to seek legal protection, staying within clear boundaries often strengthens the overall presentation of the case.

In the end, the evidence should tell a coherent story. The judge must be able to understand not only what has happened, but why the applicant believes that protection is necessary going forward.

Step Two: Prepare Your Affidavit

In many restraining order applications, the affidavit is often the most important document before the Court. An affidavit is not merely a written statement. It is evidence on oath. Offering false or misleading information in an affidavit can result in severe legal consequences, such as contempt proceedings or perjury charges. More commonly, however, poorly prepared affidavits can undermine an applicant’s credibility and diminish the likelihood that an order will be granted.

Often the first impression that judges get of the case comes from the affidavit evidence, which is the primary evidence relied upon in many restraining order applications, before either side has said anything in court. A well-structured affidavit is credible, prepared, and attentive to detail. A confusing or argumentative affidavit usually leaves the opposite impression. A good affidavit will usually contain:

• the background to the relationship between the parties;
• when problems first occurred;
• the important incidents that led to the application;
• information as to why the applicant fears future harm;
• copies of supporting evidence;
• any police action;
• prior proceedings with the parties; or
• the specific relief sought from the Court.

One of the most common mistakes made by self-represented litigants is confusing facts with opinion. Just look at the difference between these two statements:

The respondent is a psychopath who loves to terrorize people.

v.s.

The respondent sent me a total of fourteen text messages on May 12, 2026, after I told him not to contact me anymore, two of which said I would regret ignoring him.

The 2nd statement is much more convincing because it is based on objective facts rather than speculation or untrained psychological diagnosis. Judges are perfectly capable of reaching their own conclusions on reliable evidence. In addition, applicants should not include extraneous background information in affidavits. Every relationship has a history, but not every disagreement helps the Court in determining whether a restraining order is needed now. An affidavit that is short and focuses on the legally relevant events is usually more persuasive than an affidavit that contains dozens of pages of every argument the parties ever had.

Exhibits should also be carefully organized. It is often better to compile communications in chronological order, with page numbers and brief descriptions, rather than attaching hundreds of unsorted screenshots. This enables the judge to easily find the relevant material at the hearing.

Ultimately, an affidavit should answer three questions:

• What did happen?
• Why should I reasonably fear future harm?
• What is a restraining order used for?

If those questions are answered clearly, and supported by credible evidence, the application begins from a much stronger position.

Step Three: Submit Your Application

Once you have collected the evidence and prepared your affidavit, it is time to initiate the court application. The filing process may seem simple enough, but procedural errors at this stage can lead to needless delays or even sink the application. Judges assume parties will follow court rules even if they don’t have a lawyer. Court rules have a purpose. The exact process depends on what kind of protective order you want.

Applications for common law restraining orders are usually made in the Alberta Court of King’s Bench. The applicant will prepare the necessary court papers, swear the affidavit before a commissioner for

Many applicants are surprised to learn that getting a hearing date is only part of the process. The proper service of the application, the preparation of hearing material, the response to procedural objections and the ensuring that all evidence is in compliance with the Rules of Court are all of equal importance.

Another problem is the interaction between restraining order proceedings and other pending litigation. For example, the parties may already be engaged in:

• divorce proceedings;
• dispute between parents;
• civil actions; or
• criminal actions;
• peace bond proceedings;
• disputes between landlord and tenant; or
• employment cases.

Often these parallel proceedings share overlapping evidence. Statements made in one case may be used later in another. Applicants should therefore ensure that the evidence they submit is accurate and consistent in all legal matters by seeking and obtaining legal advice.

Applicants should also be aware that applying for a restraining order does not automatically provide immediate protection. The Court is not seized of the matter, and the application itself does not bar the respondent from contacting the applicant until the matter is heard, unless the Court grants interim relief or hears the matter on an urgent basis.

Step 4: Serve the Respondent

“Service” is one of the most overlooked parts of the restraining order process. Generally, a Court cannot enter a final order affecting another person’s rights unless that person has been given proper notice of the proceedings and an opportunity to respond. This principle is one of the core requirements of procedural fairness in the Canadian legal system. Service means formally giving the court documents to the respondent as required by the Alberta Rules of Court.

Many applicants wrongly assume that all they need to do is send an email or text message. Usually it is not.

Incorrect servicing can cause:

• additional legal cost;
• postponed hearings;
• refusal of the application until service is made good; or
• conflicts over whether the respondent was in fact served notice.

Personal service often comes from professional process servers, who provide sworn affidavits detailing exactly when, where, and how the documents were delivered. These affidavits can be important if the respondent later claims they were not aware of the proceedings.

Where a respondent intentionally avoids being served, the Court may, depending on the circumstances, authorize alternative methods of service. However, generally, to obtain such an order, the applicant must first show proof of reasonable efforts to find and personally serve the respondent.

Proper service is an important safeguard to ensure that restraining orders are issued only after both parties have had a fair opportunity to be heard by the Court, even though it may seem like a mere technical procedural requirement.

Step Five: Bringing it to Court

For many applicants, the hearing itself is the most terrifying part of the process. Restraining order hearings are typically measured, structured proceedings that rely on evidence rather than emotion, unlike television courtroom dramas. They accept that the parties may be under considerable pressure, but they are responsible for determining whether the legal criteria for granting the order have been satisfied.

Usually before the hearing begins the judge will have reviewed the filed materials, including affidavits and supporting exhibits. Thereafter each party’s counsel will be afforded an opportunity to make legal submissions as to why the order should or should not be granted.

In cases where there is conflicting affidavit evidence, the Court may require cross-examination or viva voce (oral) evidence to resolve important disputes of fact. This is often the case when credibility is at stake.

Applicants should be ready for the judge to ask detailed questions on:

• at the time of the events;
• whether police were called;
• Whether there are any previous court orders;
• why protection today;
• whether measures have been taken to prevent any further contact, and
• whether there are less restrictive alternatives.

Emotional overstatement is usually much less useful than calm, direct and truthful answers. And it’s worth remembering that judges hear hundreds of contested matters every year. They know how to assess credibility and will often spot a witness who is exaggerating or refusing to answer straightforward questions. Often, the best witnesses are those who keep their heads, admit facts that don’t help their case, and answer questions honestly without trying to argue with opposing counsel or the judge.

At the conclusion of the hearing, the court may make the order, dismiss the application, reserve judgement or make an interim order pending further evidence.

The hearing is the culmination of every step leading up to it. In terms of winning, careful preparation, organized evidence and credible testimony often matter more than theatrics in the courtroom ever will.

What happens if the court grants the injunction?

If the Court grants your application, the restraining order becomes a court order you can enforce by law. Although the relief of getting the order is often momentous, it is important to understand what the order does – and, just as importantly, what it does not do. Many applicants think that once a restraining order is granted, the conflict is over. After all, the order is a legal tool to reduce the chances of future harm. It establishes enforceable boundaries between the parties, but it does not ensure that the respondent will comply voluntarily. That is why applicants should continue to exercise reasonable caution and report breaches immediately to the appropriate authorities.

Every restraining order varies. The judge will adapt its terms to the circumstances of the particular case.

Such an order may, having regard to the evidence, prohibit the respondent from:

• direct contact with the applicant by telephone, email, text message, social media or written communication;
• communicating via family members, friends, employers or other third parties;
• going to the applicant’s home, school, workplace or other specified place;
• within a distance specified by the applicant;
• monitoring or surveillance of the applicant;
• publishing or disseminating information on the internet about the applicant; or
• engaging in any other conduct that the Court deems necessary to prevent future harassment or intimidation.

Some orders are written carefully to forbid only certain conduct. Others are much wider where the evidence shows a pattern of threatening or escalating behaviour.

Applicants should read carefully when the order is published. It is important to know exactly what conduct has been prohibited. Respondents should also take care to understand all conditions placed upon them. There are few more successful defences to a subsequent breach than ignorance of the terms of the order.

It is also vital to keep multiple copies of the order on hand.

Many people prefer to:

• have one at home;
• keep a copy in their vehicle;
• send a copy to their employer or workplace security;
• provide a copy to their child’s school where appropriate and
• Keep a digital copy on their phone.

If police are called to respond to an alleged violation, having immediate access to the order often helps officers understand exactly what restrictions are in place.

To that end, a restraining order is not a suggestion or a request. It is a formal order of the Court and compliance is mandatory. If a respondent knowingly violates the terms of a restraining order, the consequences can be serious.

Depending on the circumstances, a breach may lead to:

• police presence;
• detained
• contempt of court proceedings;
• other applications to the Court;
• negative findings in comparable family or civil litigation; or
• criminal consequences where appropriate.

If you believe the respondent has violated the restraining order, immediately document the event.

Helpful information might be:

• photographs;
• screenshots;
• surveillance video;
• names of witnesses;
• police case numbers;
• dates and times of incident; and
• copies of any correspondence.

Applicants should avoid any direct confrontation with the respondent. If necessary, call law enforcement for assistance, but don’t destroy evidence. Repeated breaches often constitute increasingly persuasive evidence, should further court intervention be required.

How Long is a Restraining Order Good For?

Clients often ask me if a restraining order is forever. The answer is no, not necessarily. The restraining order will be for the period set out in the order made by the Court, which will depend upon the circumstances of the case. Some restraining orders last only a few months. Others last for one or more years. In rare and especially serious cases where there are continuing safety concerns, the Court may make orders which remain in force until varied or cancelled by a subsequent order of the Court or indefinitely.

Judges look at a number of things when making a decision as to what the appropriate length is, including:

• the seriousness of the Respondent’s conduct;
• if the behaviour seems to be increasing;
• the probability of future contact;
• prior violations of court orders;
• the parties’ history;
• whether criminal proceedings are pending; and
• the overall risk of harm in the future

The Court is trying to thread a very fine needle. The order should last long enough to provide meaningful protection, but should not impose restrictions longer than the evidence supports.  Circumstances can change over time too. People move, jobs change, family relationships change, and the risks present when the order was first issued may disappear. Either party may apply for a variation or termination of an existing restraining order if there has been a material change in circumstances.

Importantly, applicants should never assume that a registration has expired simply because a long period of time has elapsed. Always read the wording of the order carefully. If you are unsure of its length, seek legal advice.

Do you need a lawyer?

You do not need to hire a lawyer to get or fight a restraining order. However, these proceedings often involve much more than simply telling a judge what happened.  Applicants and respondents have to:

• draft and swear affidavits ;
• organize documentary exhibits; *
• follow the Alberta Rules of Court;
• answer objections to evidence;
• Testify;
• cross-examine;
• make legal arguments;
• analyzing relevant case law; and
• handle complex procedural matters

An experienced lawyer gives an objective assessment of the case. Clients are also understandably emotional when safety issues come up. A lawyer can find weaknesses before they become problems, decide if more evidence needs to be gathered, suggest the best legal remedy, and present the best possible case to the Court. In many circumstances, early legal advice can help you avoid costly mistakes that are much more difficult to fix later on.

FAQ’s

Can I get a restraining order without criminal charges?

Yes.  A restraining order is a civil remedy. The Court can offer protection without criminal charges.

How fast can I get a restraining order?

It is contingent upon the urgency of the situation. Emergency matters can be dealt with very quickly but non-urgent applications normally proceed to the Court’s timetable.

Can I get a restraining order against my neighbour?

Yes.  Where a neighbour’s behaviour involves threats, intimidation, stalking, harassment, or otherwise meets the legal test, the Court can issue a restraining order.

Can I get a restraining order against someone I never dated?

Yes, you can get a restraining order against someone you never dated. Restraining orders are designed to protect people from anyone who poses a threat to their safety, regardless of whether there was a romantic relationship. If you feel threatened or harassed by someone, you may be able to seek a restraining order to keep them away from you. The specific requirements for obtaining a restraining order vary by jurisdiction, but generally, you will need to demonstrate that you have a reasonable fear of harm or that the person has engaged in threatening or harassing behaviour. It’s important to consult with a lawyer or legal professional in your area to understand the process and your options for obtaining a restraining order.

Will the respondent have any criminal record?

Not simply because a restraining order is issued. But breaking the order can result in severe legal consequences.

Talk to an Alberta Restraining Order Lawyer

No two restraining order applications are alike. The right legal approach depends on the relationship between the parties, the available evidence, the urgency of the situation and the type of protection being sought. What is right in one situation could be completely wrong in another.

At Yoav Niv Law, we regularly help clients throughout Alberta obtain and defend restraining orders. We realize these cases are frequently emotional and time-sensitive. Whatever your situation, we are dedicated to providing you with sound advice, strong advocacy and strategic representation tailored to your individual circumstances, whether it be a former partner, neighbour, family member, tenant or anyone else.

We also represent people who have had a restraining order application served on them and believe the allegations are exaggerated, inaccurate, or legally insufficient. A restraining order can seriously affect employment, parenting, reputation, and future court actions. Both applicants and respondents are entitled to the benefit of experienced legal representation.

If you are considering applying for a restraining order, or if you have been served with one, it is often a good idea to seek legal advice before going to court. Getting ready early can make a big difference in the results of your case.

Contact Yoav Niv Law today for a confidential consultation to discuss your legal options to protect your rights and your safety.