What Happens After You File a Restraining Order in Calgary, Alberta
Filing a restraining order in Calgary is an important step toward safety and boundary-setting. Understanding what happens next can help you feel more prepared and in control during this process.
What this order generally does
A restraining order, also known as a protection order in Alberta, is a legal document that helps protect you from someone who may cause harm or threaten your safety. It can limit contact, require the person to stay away from your home or workplace, and include other conditions to help maintain your safety.
Who may qualify
Generally, people who have experienced abuse, harassment, stalking, or threats from a family member, intimate partner, or someone else with whom they have a close relationship can apply for a restraining order. The court considers whether there is a reasonable fear for safety or well-being when deciding if an order is appropriate.
Common steps in the filing process in Alberta
While exact procedures can vary, these are the typical steps after filing a restraining order in Calgary:
- Filing the application: You submit your request to the court, describing the reasons for protection.
- Temporary order consideration: Sometimes, the court may issue a temporary order quickly to offer immediate protection until a full hearing.
- Serving the papers: The person you are seeking protection from must be officially notified of the application and any temporary order. This is usually done through a formal process server or law enforcement.
- Hearing date: The court schedules a hearing where both sides can present information. This can be days or weeks after filing, depending on the court’s calendar.
- Final decision: After the hearing, the judge decides whether to grant a final restraining order and what conditions it will include.
What to bring
Preparing for your court appearance can help the process go more smoothly. Consider bringing:
- Any copies of the application or paperwork filed
- Evidence of abuse or threats, such as texts, emails, or photos (do not bring original documents you may need later)
- Contact information for witnesses or support persons
- A list of questions or concerns you want to raise
- Identification documents
- Support person, if allowed and you feel comfortable
What happens after filing
Once your application is filed, the court will review it to determine if a temporary order is necessary. If issued, this order takes effect immediately and remains until the hearing. You will receive information about your hearing date and how the respondent was served.
At the hearing, both you and the other person can share your perspectives. The court examines the evidence and decides whether to grant a final order and what specific protections it will include. If granted, the order usually lasts for a defined period and can be extended or modified if needed.
Throughout this process, it is important to maintain your safety by informing trusted people, securing important documents, and following any safety planning advice you receive.
What if the order is violated
If the person named in the restraining order does not follow its terms, this is called a violation. In Calgary, violations can result in police involvement and possible legal consequences for the person who breaches the order.
If you believe the order has been violated, you can contact local law enforcement to report the incident. Keeping a record of any violations, such as dates and descriptions, may be helpful if you need to return to court. Remember to prioritize your safety and reach out to support services if needed.
Frequently Asked Questions
- How long does it take to get a restraining order after filing?
- The timeline varies depending on the court’s schedule and whether a temporary order is issued. Hearings typically occur within a few weeks but can be sooner in urgent cases.
- Can I change the terms of the restraining order later?
- Yes, you can request changes or extensions by returning to court if your situation changes or if the order no longer meets your needs.
- Do I need a lawyer to file a restraining order?
- Legal representation is not required but can be helpful. Many community organizations in Calgary offer support and guidance throughout the process.
- What if I don’t want the other person to know where I live?
- You can ask the court to keep your address confidential in certain situations for your safety. Let the court staff know your concerns when filing.
- Is a restraining order the same as pressing criminal charges?
- No. A restraining order is a civil protection measure, while criminal charges involve prosecution by the state. You can pursue either or both paths depending on your situation.
- What support services are available in Calgary?
- There are local shelters, counseling services, and legal aid clinics that provide confidential assistance tailored to your needs.
If you want local help, you can privately browse lawyers, therapists, shelters, and hotlines near you at DV.Support.
Taking steps to protect yourself with a restraining order can be challenging, but knowing what to expect afterward can help you feel more in control. Remember to reach out for support and prioritize your safety throughout the process.