Get an Emergency Protection Order

Overview

If you have been assaulted or you are in a family violence situation, contact your local police or RCMP detachment.

An Emergency Protection Order (EPO) is granted when:

• violent or threatening behaviour occurs between family members
• there is evidence that immediate protection is necessary
• family violence will resume or continue

The police can apply for an Emergency Protection Order to provide you with immediate protection.

An Emergency Protection Order:

• is granted by the court and enforced by the police
• will say that the respondent can have no contact, either directly or indirectly with you
• can prevent a family member from contacting you and other family members
• can stop a family member from coming to your home, school, work or other places
• is only granted in situations of family violence; all other situations require a restraining order

You should not contact the respondent during the time the protection order is in place.

There are 2 parties involved when filing an Emergency Protection Order:

Applicant

The person who files the application

Respondent

The person who responds to the application

How to apply

Step 1. Fill out the forms

• Originating Application (PDF, 99 KB)
  • lets the Court know what you want
• Protection Order Questionnaire (PDF, 42 KB)
  • a summary of why you are asking for a particular order

You may not want to use your own address and phone number if you think it will put you in danger. You can use a friend’s address or a work address, but you should let the other person know if you’re using their address.

Step 2. Serve the respondent

Serve your court materials to the respondent:

• do not serve the order yourself
• a person must hand-deliver all the court materials you have filed directly to the respondent
• have a friend, family member or a Process Server serve the documents for you
• make sure the person swears an Affidavit of Service

Step 3. Prepare your Affidavit of Service

An Affidavit of Service (PDF, 57 KB) is a court form that proves to the judge that the respondent was properly notified of your application.

The Affidavit of Service must be completed and sworn by the person who served the documents.

The Affidavit of Service will say:

• who delivered the documents
• the date the documents were delivered
• the address of where the respondent was served

You must file the original Affidavit of Service at the clerk’s office before the court date and bring a copy of it with you to court.

Step 4. Attend court

When you attend court, bring copies of the following with you:

• Originating Application
• Protection Order Questionnaire
• Affidavit of Service

Step 5. Deliver the order to the police

To register your Order with the police, take a copy of the Protection Order, a filed copy of the Affidavit of Service and the Statement of Description to your local police or R.C.M.P. detachment so they:

• have an accurate record of the Order
• are able to act quickly if the order is breached or disobeyed

Keep a copy of the Affidavit of Service and a certified copy of your Protection Order in your possession at all times while the Order is in effect. The police may want to see it if the Order is breached.

If you change your mind or want to end the protection order early, you will need to make another court application.