Defending against a false Emergency Protection Order (EPO) at a King’s Bench Review in Alberta generally costs between $2,500 and $7,500+ CAD in law firm fees. While there are no court filing fees to defend yourself, having professional legal representation is highly recommended to protect your parenting time and avoid long-term consequences.
Being unexpectedly served with an Emergency Protection Order (EPO) can be an incredibly overwhelming and frightening experience. Under the Alberta Protection Against Family Violence Act, an EPO can be granted “ex parte,” meaning it is issued by a judge or Justice of the Peace based solely on the other person’s testimony, without you even being in the room to defend yourself. While this system is vital for protecting genuine victims of domestic violence, it can unfortunately be weaponized during a bitter separation to gain an unfair advantage in parenting time disputes.
If you believe the claims against you are exaggerated or entirely false, you have a strict legal right to defend yourself. 🔍 An EPO is not permanent right away; it must be reviewed by a justice at the Court of King’s Bench within nine working days. At this review hearing, you have the opportunity to present your own evidence. Navigating this high-stakes hearing alone is incredibly risky, as a confirmed EPO can force you out of your home, limit access to your children, and show up on police background checks. This guide explains the costs and steps involved in fighting a false restraining order in Alberta.
Step-by-Step Process in Alberta
Whether you reside in Calgary, Edmonton, or Red Deer, the procedure for an EPO review is tightly controlled by the Court of King’s Bench. The timeline is incredibly short, meaning you must act immediately after being served by the police. Ignoring the order or trying to contact your ex-partner to “clear things up” will only result in criminal charges. Here is how most applicants and law firms approach a defence.
Step 1: Obey the Order Completely
Your absolute first priority is strict compliance. 👮 Even if the EPO is based on lies, it is a valid, binding legal order the second you are served. You must immediately leave the family home if ordered, surrender any firearms to the police, and cease all communication with the claimant. Sending a text message or asking a mutual friend to pass along a message is considered a breach, which is a criminal offence that will result in your arrest.
Step 2: Obtain the Hearing Transcript
To defend against the allegations, you must know exactly what was said. Your law firm will immediately order the audio recording or the written transcript of the initial ex parte hearing. By reviewing the claimant’s sworn testimony, your lawyer can identify inconsistencies, exaggerations, or outright falsehoods that can be challenged during the upcoming King’s Bench Review.
Step 3: Prepare Your Defence Affidavit
You cannot simply show up to court and argue verbally; you need documented proof. 📄 Your lawyer will help you draft a sworn Affidavit. This legal document will present your side of the story, accompanied by hard evidence. You might include text messages showing the claimant was not afraid of you, emails regarding a dispute over spousal support, or statements from independent witnesses who were present during the alleged incident.
Step 4: Attend the King’s Bench Review
Within nine working days, both parties must attend the Court of King’s Bench for the mandatory review. A judge will review the original transcript and your newly filed Affidavit. If the judge sees that the evidence of family violence is weak or fabricated, they may revoke the EPO entirely. If the situation is complex, the judge may temporarily extend the order and schedule a full oral hearing where witnesses can be cross-examined.
How Much Does it Cost in Alberta?
Defending against an EPO requires immediate, urgent work from a law firm, which naturally incurs significant costs. Fortunately, there are no government fees to file your defence documents. Here is an overview of the typical legal expenses in Canadian dollars (CAD):
- Court Filing Fees: Filing an Affidavit in response to an EPO at the Court of King’s Bench costs $0 CAD.
- Transcripts: Ordering the audio recording or expedited written transcript of the initial hearing typically costs between $50 and $200 CAD.
- Law Firm Fees: Retaining a lawyer to review the evidence, draft your Affidavit, and represent you at the initial King’s Bench Review generally ranges from $2,500 to $7,500+ CAD, depending on the complexity of the false claims.
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Court Filing Fee | $0 |
| Hearing Transcripts | $50 – $200 |
| Legal Representation (Review Hearing) | $2,500 – $7,500+ |
How Long Does the Process Take?
The legal system moves exceptionally fast when dealing with Emergency Protection Orders. ⌛ By law, the King’s Bench Review must be scheduled within 9 working days of the EPO being granted. However, if the judge cannot make a clear decision based on the affidavits alone, they may direct the matter to a full oral hearing. Securing a date for a full trial in busy jurisdictions like Edmonton or Calgary can take an additional 2 to 4 months. During this waiting period, the judge will usually keep a temporary order in place.
Frequently Asked Questions (FAQ)
Can I sue my ex for lying to get the EPO?
If you can definitively prove that the EPO was obtained maliciously and based on perjury, your lawyer can ask the judge to award “costs” at the King’s Bench Review. This means the judge may order your ex to reimburse you for the lawyer fees you spent defending yourself. Separate civil lawsuits for defamation are possible but very expensive and difficult to win.
Will an EPO give me a criminal record?
No. An EPO is a civil order made under family law, not a criminal conviction. However, if you disobey the terms of the EPO (such as texting the claimant), you will be arrested and charged with a criminal offence, which will result in a permanent criminal record.
Can the EPO affect my parenting time?
Yes, significantly. A confirmed EPO often includes a no-contact order that extends to the children if the judge believes they were exposed to family violence. Even if the children are not listed, the no-contact provision makes standard parenting exchanges nearly impossible without third-party intervention.
Do I need a lawyer, or can I represent myself?
You are legally permitted to represent yourself (self-represented litigant). However, because the rules of evidence are strict and the emotional stakes are incredibly high, representing yourself is highly discouraged. A law firm ensures your defence is factual, objective, and legally sound.
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