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Notice to the Profession & Public - Changes to Protection Order Processes Effective September 1, 2018

Aug 3, 2018

For all protection order applications, including review of emergency protection orders granted under the Protection Against Family Violence Act, the Applicant will not leave the courtroom/courthouse without a signed order.

As detailed in the document below, template forms of order are available to assist the parties/Counsel and the Court. They are also available online at: https://albertacourts.ca/qb/areas-of-law/family/familylaw-forms. Parties/Counsel are encouraged to complete draft orders using the template forms of order in advance of an application.

For those applications where there is no Counsel or a draft order has not been provided in advance of the hearing or cannot be provided immediately following the hearing, template forms of order will be available in the Courtroom for the Justice to complete and sign.

The Alberta Rules of Court include Forms for Restraining Orders With Notice (FL-31) and Restraining Orders Without Notice (FL-30).

For all review orders under the Protection Against Family Violence Act, including those cases where the original Emergency Protection Order is revoked and replaced with a Queen’s Bench Protection Order, the attached Review Order may be used by the parties/Counsel. The attached Revocation Order may be used by the parties/Counsel where the protection order is being revoked.

Where a protection order application is being scheduled for an oral hearing, in addition to the Review Order, the attached Emergency Protection Order Review Oral Hearing Order must be used by the parties/Counsel unless the Court orders otherwise.