If your situation does not qualify for an Emergency Protection Order (EPO), you can apply for a King’s Bench Protection Order (KBPO) in Alberta. Securing a KBPO generally takes between 2 to 6 months depending on court availability, and the standard court filing fee is $50 CAD.
Not all situations involving family violence meet the strict criteria for an immediate police response. In Alberta, an Emergency Protection Order (EPO) is only granted if there is an imminent, 24-hour threat to your physical safety. If the abuse you are experiencing is historical, highly controlling, psychological, or involves financial manipulation without an immediate physical threat, a Justice of the Peace may deny your request for an EPO. However, this absolutely does not mean you are without legal protection.
If you have been denied an EPO or if your situation is serious but not an immediate life-or-death emergency, you can apply for a King’s Bench Protection Order (KBPO). 📝 Issued under the Alberta Protection Against Family Violence Act, a KBPO offers the exact same powerful legal protections—such as removing an abuser from the family home and preventing all contact—but it follows a standard court timeline rather than an emergency one. This guide explains the process, costs, and timelines for obtaining a King’s Bench Protection Order to ensure your long-term safety.
Step-by-Step Process in Alberta
Applying for a KBPO is a formal civil litigation process. Whether you live in Calgary, Edmonton, or Medicine Hat, the application must be processed through the Court of King’s Bench. Because this is not an emergency “ex parte” application, the respondent (the abusive partner) has the legal right to be notified and to defend themselves in court. Here are the required steps.
Step 1: Gather Evidence of Family Violence
To succeed in getting a KBPO, you must prove that family violence has occurred and is likely to continue. 🔍 Family violence in Alberta includes physical abuse, sexual abuse, safe-threatening behaviour, and severe psychological abuse (like stalking or isolating you from family). Work with your law firm to gather evidence, which may include abusive text messages, threatening voicemails, photographs of property damage, or medical records detailing past injuries.
Step 2: File the Claim and Affidavit
Your lawyer will draft a formal application alongside a sworn Affidavit. This Affidavit is a detailed, chronological written statement outlining the history of the relationship and the specific incidents of violence or control. You will then file these documents at your local Court of King’s Bench. This officially opens your case and secures a future court date for your hearing.
Step 3: Serve the Respondent
Unlike an EPO where police often handle the paperwork, a KBPO requires you to properly serve the respondent. 📧 You cannot hand the documents to your abuser yourself. You must hire a professional process server or have an uninvolved third party hand-deliver the application and Affidavit to the respondent. This gives them time to hire their own lawyer and prepare a responding Affidavit if they choose to contest the order.
Step 4: Attend the Court Hearing
On the scheduled date, both parties will attend the Court of King’s Bench. Your lawyer will present your evidence and argue why a protection order is necessary for your ongoing safety and the safety of your children. The judge will listen to both sides. If the judge agrees that family violence occurred, they will issue the King’s Bench Protection Order, which can remain in effect for up to one year and includes strict police enforcement clauses.
How Much Does it Cost in Alberta?
Because a KBPO follows the standard civil court process, it involves more legal drafting and preparation than an EPO. If you cannot afford a lawyer, Legal Aid Alberta often heavily subsidizes these costs for victims of domestic violence. Here is a breakdown of the typical costs in Canadian dollars (CAD):
- Court Filing Fee: Filing the application for a KBPO at the Court of King’s Bench usually costs a nominal fee of $50 CAD.
- Process Server: Hiring a professional to safely serve the documents to your abusive ex-partner costs between $100 and $250 CAD.
- Law Firm Fees: Retaining a lawyer to draft the extensive affidavits and represent you at a contested hearing typically ranges from $3,000 to $8,000+ CAD.
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Court Filing Fee | $50 |
| Process Server | $100 – $250 |
| Legal Representation | $3,000 – $8,000+ |
How Long Does the Process Take?
Because a King’s Bench Protection Order requires giving the respondent fair notice, the process is significantly slower than an EPO. 📅 Drafting the application and gathering evidence usually takes your lawyer 1 to 3 weeks. Serving the documents and waiting for the respondent’s legal reply adds another 2 to 4 weeks. Finally, securing a hearing date at a busy courthouse in Edmonton or Calgary can take anywhere from 1 to 4 months. In total, expect the process to take between 2 to 6 months.
Frequently Asked Questions (FAQ)
What happens if they breach the KBPO?
A King’s Bench Protection Order carries the exact same weight as an EPO. If the respondent breaches any condition—such as driving past your house or sending you an email—you should call the police immediately. The police will arrest them, and they will face criminal charges, either as a summary conviction or an indictable offence.
Can a KBPO protect my children too?
Yes. If the judge believes the children have been exposed to family violence or are at risk, the KBPO can include strict no-contact provisions for the children. This order will temporarily supersede any existing parenting time agreements until the family court can formally reassess custody.
Do I have to see my abuser in court?
Generally, both parties must attend the hearing. However, Alberta courts take domestic violence seriously. Your lawyer can arrange for special accommodations, such as allowing you to testify via CCTV from another room, or ensuring court sheriffs are present to escort you safely in and out of the building.
What is the difference between a KBPO and a Peace Bond?
A KBPO is a family law remedy specifically for family members or intimate partners under provincial law. A Section 810 Peace Bond is a federal criminal court order that can be applied to anyone (like a neighbour or stranger). A KBPO generally offers stronger remedies, such as granting you exclusive possession of the marital home.
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