Guide to Obtaining a Restraining Order in Calgary Guide to Obtaining a Restraining Order in Calgary

Protect Your Safety: How to Get a Restraining Order in Calgary


A restraining order is a court paper that can be issued to protect someone from being harassed or hurt. A restraining order is necessary for anyone who has reasonable fear regarding their safety or the safety of their children. In Calgary, obtaining a restraining order follows some specific steps and requirements. Let’s see how to get a restraining order in Calgary.

What is a Restraining Order

A restraining order can also be called an injunction which is an order by a court restricting someone from contacting or coming near you. It sets legal boundaries to prevent further harm or harassment, which if violated may lead to criminal charges against the violator.

Reasons for Obtaining a Restraining Order

Safety is the main reason why people may need to have restraining orders in place due to reasons such as domestic violence, stalking, and many other forms of threats. A restraining order acts like an armor preventing possible dangers for those under threat of violence.

Obtaining a restraining order generally occurs after an individual experiences direct threats to their safety or well-being, or has genuine apprehension that such threats may occur at some point in the future.

The primary aim of this kind of protective measure is to provide the person seeking relief with legal remedies that will help shield them away from potential danger.

There are different situations where individuals may seek this kind of legal action including but not limited to instances involving domestic violence, harassment stalking, and fear for one’s life.

In Calgary, the process involved in getting a restraining order could reflect on those principles and legislation that apply within the Province of Alberta Canada.

Specifically, there could be reliance on the Protection Against Family Violence Act which provides the legislative basis upon which victims of family violence can get Emergency Protection Orders (EPOs) or Restraining Orders.

When seeking this form of legal remedy it becomes vital to recognize different types such as Emergency Protection Orders (EPO), Restraining Orders, and Peace Bonds because different circumstances might necessitate different legal approaches.

The choice between these options depends on the nature of a relationship between two people, what threat has been made, and what immediate protection is required.

Typically, it starts by filing an application to court that explains why one needs protection. To be persuasive enough, evidence must be brought forward about threats or harm while demonstrating a real and reasonable apprehension for the applicant himself or his children’s security.

The following step often involves a court hearing where parties can present their sides of the story. Nonetheless, in situations where there is imminent danger, orders like EPOs may be awarded quickly, without necessarily hearing from the alleged perpetrator. The respondent should then be served with a copy of the order which clearly states the terms he/she must adhere to.

The consequences of breaching restraining orders are serious. In case someone who has been issued with such an order goes against its conditions, they can be arrested and charged if found to have broken such conditions.

For restraining orders to work effectively there should be local law enforcement cooperation and compliance on the part of restrained individuals.

Moreover, women seeking a restraining order should understand the available support systems at their disposal such as legal aid groups, support organizations, and victim services that are there to assist them in every way possible since it is often a long process that can be complicated and emotional.

Types of Restraining Orders

Different kinds of restraining orders exist in Calgary. One type is Emergency Protection Order (EPO) which can be issued without any notice at all if there is immediate danger. Another kind is Queen’s Bench Protection Orders (QBPOs), which are typically meant for longer-term protection.

Initiating the Process

How to Obtain a Restraining Order

  1. Complete the necessary forms as applicable to your case, ensuring accuracy and completeness.
  2. Swear an affidavit before the Commissioner of Oaths confirming the truthfulness of what you have written on your application forms.
  3. Submit your completed paperwork to the appropriate court to trigger the legal battle.
  4. On the given date go to court and present your case before a judge to decide if you have met all requirements for issuance of a restraining order.
  5. Give respondents a restraining order legally informing them about court decisions and conditions that come with it.
  6. Deliver this order to the police so they know what’s required and will enforce it if need be.
  7. Review dates are follow-up appointments where you may have another look at whether or not you still need that RO(Needful)

Necessary Documentation and Proof

You also need documentation providing evidence of why you feel threatened enough for one. This might include among others police reports or even messages both texted or emailed; these should make sense on why one would need such an order.

Filing Procedure and Requirements

Start filing by completing relevant forms and then making declarations before a commissioner for oath. There are no charges involved unless there are other issues aside from claiming for personal safety. The entire process through which filings are made has got utmost importance because any misstep could lead to the denial of such an order.

Court Hearing for a Restraining Order

During the court hearing, the judge will listen to your case and decide if you are worthy of receiving a restraining order. You should be ready to provide evidence and speak clearly about anything that concerns you.

There are legal aid services available for people who need assistance with this process. Calgary Legal Guidance is one such organization that provides help to those who would not otherwise have access to it.

Understanding Your Rights and Options

To successfully navigate through the legal system, you need to know what rights you have and what you can do in different situations. It’s always best practice that whoever has plans of seeking restraining orders should consult an attorney first.

Implementing a Restraining Order

Serving the Restraining Order

The respondent must officially receive the restraining order so he knows what the court decided about it. This stage plays an important role in making RO enforceable.

Informing Authorities and Relevant Parties

Once served, police forces as well as other concerned offices must get involved. That way they will be aware of what’s happening, hence when breached they can act promptly.

Ensuring Compliance and Safety Measures

To ensure continued adherence to the restraining order, one must always be watchful and immediately report any violation to the relevant authorities. Other ways of improving home safety include changing one’s day-to-day activities or reinforcing domestic security.

Final Thoughts and Support Resources

Getting a Restraining Order is a big step towards personal protection. It’s crucial to understand this process well and use the support available. Stay current, take preventive measures into your hands, and put your health above everything else.

For more information or assistance, contact Calgary Legal Guidance or consult a legal advisor. The preservation of safety and family home is yours by right; there are those willing to assist you in upholding it.

Last Updated on by kalidaspandian


  • Mehakjot Kaur

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