Domestic Violence Protections in Alberta
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Canada has three legal systems that address domestic violence: criminal law (federal), family law (provincial), and domestic violence legislation (provincial).
The Criminal Code covers assault, criminal harassment (stalking), uttering threats, and peace bonds (section 810). A new intimate partner violence provision (section 810.03) came into effect in April 2025.
Provincial laws allow for emergency protection orders. In Alberta, for example, these can be obtained 24 hours a day, 7 days a week, and without the abuser knowing.
The 2021 amendments to the Divorce Act defined family violence broadly for the first time in federal law. The definition includes physical, sexual, psychological, emotional, and financial abuse, as well as coercive and controlling behaviour.
When does it apply?
Domestic violence protections apply to:
- Anyone experiencing violence, threats, or harassment from a family member, intimate partner, or former partner.
- This applies regardless of whether you are married, common-law, or dating.
- Children who are exposed to violence are also covered and considered by courts.
What to Do If You Are Experiencing Domestic Violence in Canada
- Call 911 if you are in immediate danger.
- Contact a domestic violence hotline for confidential support and safety planning.
- Apply for a protection order through provincial court — emergency orders can often be obtained quickly.
- Report to police — criminal charges may apply for assault, threats, or harassment.
- Document everything — keep records of incidents, photos, messages, and medical reports in a safe place the abuser cannot access.
- Inform your family lawyer — violence is a major factor in parenting and support decisions.
- Create a safety plan — include a safe place to go, important documents, and emergency contacts.
What should you NOT do?
- Don't assume it's not "serious enough" — emotional and financial abuse are recognized forms of family violence.
- Don't violate your own protection order — even voluntary contact can result in criminal charges against you.
- Don't communicate through the children — use a parenting app or other neutral method.
- Don't destroy evidence — keep all messages, photos, and records safe.
- Don't assume you must leave the home — protection orders can remove the abuser from the residence instead.
How Alberta differs from federal law
Alberta has specific legislation to protect victims of domestic violence: the Protection Against Family Violence Act (PAFVA), RSA 2000, c. P-27. This Act provides quick access to protective orders without the delays of the criminal justice system.
- An Emergency Protection Order (EPO) can be granted by a justice of the peace 24 hours a day, 7 days a week — including nights and weekends. The EPO can grant the victim exclusive occupation of the home, require the abuser to leave, prohibit contact, and award temporary custody of children.
- An EPO is temporary and must be reviewed by a Court of King's Bench justice within 7 days, who can confirm, vary, or revoke it.
- A Queen's Bench Protection Order (KBPO) provides longer-term protection and can be granted for up to 1 year, with the possibility of renewal. It offers broader protections including property and custody provisions.
- "Family violence" under PAFVA includes physical abuse, sexual abuse, emotional or psychological abuse, forced confinement, damage to property, threats, stalking, and depriving a family member of necessities.
- PAFVA protects family members broadly — this includes current and former spouses, adult interdependent partners, parents, children, and anyone who resides or resided with the respondent.
Additional Steps in Alberta
If you are in immediate danger, call 911. For an Emergency Protection Order outside court hours, call the 24-hour EPO line — a justice of the peace is available around the clock. Contact the Alberta Council of Women's Shelters at 1-866-331-3933 for shelter and support. The Family Violence Info Line is available 24/7 at 310-1818 (no area code needed in Alberta). For longer-term protection, apply for a King's Bench Protection Order at the Court of King's Bench. Legal Aid Alberta (1-866-845-3425) provides legal assistance for family violence matters.
Relevant Law: Protection Against Family Violence Act, RSA 2000, c. P-27; Protection Against Family Violence Regulation, Alta. Reg. 80/1999
Common Questions
When does domestic violence protections apply?
Domestic violence protections apply to:Anyone experiencing violence, threats, or harassment from a family member, intimate partner, or former partner.This applies regardless of whether you are married, common-law, or dating.Children who are exposed to violence are also covered and considered by courts.
What should I do if I'm experiencing domestic violence or abuse from a partner in Canada?
Call 911 if you are in immediate danger.Contact a domestic violence hotline for confidential support and safety planning.Apply for a protection order through provincial court — emergency orders can often be obtained quickly.Report to police — criminal charges may apply for assault, threats, or harassment.Document everything — keep records of incidents, photos, messages, and medical reports in a safe place the abuser cannot access.Inform your family lawyer — violence is a major factor in parenting and support decisions.Create a safety plan — include a safe place to go, important documents, and...
What mistakes should I avoid with domestic violence protections?
Don't assume it's not "serious enough" — emotional and financial abuse are recognized forms of family violence.Don't violate your own protection order — even voluntary contact can result in criminal charges against you.Don't communicate through the children — use a parenting app or other neutral method.Don't destroy evidence — keep all messages, photos, and records safe.Don't assume you must leave the home — protection orders can remove the abuser from the residence instead.
Domestic Violence Protections in other states
Same topic, different jurisdiction. Pick the one that applies to you.