False Allegations and Emergency Protection Orders — Help for Men in Calgary

Served With an Emergency Protection Order? Stay Calm, Follow the Order, and Get Advice Right Away.

“I highly recommend Violeta for anyone dealing with family law matters. From the very beginning, they were professional, compassionate, and incredibly knowledgeable. She took the time to explain every step of the process clearly and made sure I understood my options.”

⭐️ ⭐️ ⭐️ ⭐️ ⭐️
– Brad C.

Being served with an Emergency Protection Order (EPO) can turn your life upside down in a matter of hours. You may be told to leave your home, stop contacting your partner, and stay away from your children, often before you have had any chance to tell your side of the story.

Family violence is serious, and Alberta’s courts treat it seriously. So do we. But courts also recognize that some allegations are mistaken, exaggerated, or made in the heat of a separation. When that happens, the order still has to be obeyed, and what you do in the next few days matters.

An EPO is usually granted without notice to you, and the law provides a review hearing shortly afterward. That review is your opportunity to respond, and the timelines are short.

Our Calgary family lawyers help men understand exactly what an order requires, prepare for the review hearing, and protect their relationship with their children while the process unfolds.

Understanding Protection Orders in Alberta

The information below is general. Protection orders are time-sensitive, so if you have been served, contact a lawyer as soon as possible and read your order carefully.

What Is an Emergency Protection Order?

An EPO is made under Alberta’s Protection Against Family Violence Act. It can be granted quickly, often by a judge of the Alberta Court of Justice or a justice of the peace, and usually without the other person being present. Police can also apply for an EPO when they respond to a family violence situation. An EPO can include conditions such as:

  • no contact with the person who applied, directly or through others
  • staying away from a home, workplace or school
  • temporary exclusive occupation of the family home by the applicant
  • police removal of the respondent from the home
  • seizure of weapons

The order applies from the moment you are served, even if you believe the allegations are untrue.

The Review Hearing

Because an EPO is usually granted without hearing from you, it is automatically reviewed by the Court of King’s Bench, generally within nine working days. At the review, the court can confirm the order, revoke it, or direct an oral hearing where evidence is heard. Your order will set out the date, time and place.

This is your first formal opportunity to respond. Preparation typically involves a sworn affidavit setting out your account, supporting evidence, and a clear, focused presentation. If you do not attend, the order may be confirmed without your input.

King’s Bench Protection Orders

A person can also apply for a King’s Bench Protection Order, which is made with notice to the respondent and can last longer than an EPO. If you receive notice of this kind of application, you have the right to respond, and getting advice before the hearing date is important.

What to Do if You Have Been Served

  • Follow the order exactly. Do not contact the protected person, even to apologize, explain or reconcile, and even if they contact you. Do not send messages through friends, family or the children.
  • Do not return to any location the order prohibits, including to collect belongings. Ask police or your lawyer how to arrange this properly.
  • Stay off social media about your partner, the separation or the allegations.
  • Preserve evidence. Save texts, emails, call logs, photos and names of people who may be witnesses. Do not delete anything.
  • Write down a timeline of events while it is fresh.
  • Get legal advice right away, so there is time to prepare for the review hearing.

Breaching a protection order can lead to arrest and criminal charges, whatever the merits of the original allegations. Following the order carefully is the best way to protect your credibility.

How Allegations Affect Parenting

Under the Divorce Act and Alberta’s Family Law Act, family violence is an important factor in decisions about parenting. That is why allegations, even ones that are later found to be unsupported, can affect parenting time in the short term. A protection order may limit contact with your children, or be varied to allow supervised or structured parenting time.

The court decides what is in the children’s best interests based on the evidence. We help fathers put forward clear, credible evidence of their parenting history and a practical plan, such as exchanges at a neutral location or through a third party, that allows children to maintain their relationship with their father safely.

If Criminal Charges Are Involved

Sometimes a protection order is accompanied by a criminal charge and release conditions such as no contact. Criminal and family proceedings are separate, and what you say in one can affect the other. Speak with a lawyer before giving any statement. Where criminal defence counsel is needed, we can work alongside them or help you find appropriate representation.

How Bellagio Law Helps

We move quickly. We will review your order with you, explain what it does and does not prohibit, prepare your evidence for the review hearing, and address the parenting and housing issues that follow. We will be honest about the strengths and weaknesses of your position, and we will treat you with respect while we do it.

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FAQs About Emergency Protection Orders and False Allegations

Immediately. An EPO is generally reviewed by the Court of King’s Bench within nine working days of being granted. That leaves little time to get advice, gather evidence and prepare an affidavit.

No. You must follow the order even if you believe it was based on false information. Contacting the protected person, directly or through others, can lead to arrest and charges, and it can damage your position at the review hearing.

It can. Some orders include the children, and others do not. Read your order carefully and get advice about how parenting time can be arranged safely and lawfully, including through a variation of the order or a parenting order.

An EPO is a civil order, not a criminal conviction. However, breaching it can result in criminal charges, and separate criminal proceedings may exist if police have laid charges.

Yes. At the review hearing, the court can revoke the order, confirm it, or direct a further hearing. A respondent can also apply to vary or revoke an order later if circumstances change.

Courts are alert to this possibility, but they must take every allegation of family violence seriously. The most effective response is a calm, evidence-based one. We help you present your account clearly and focus the court on the facts and on your children’s needs.

Get Advice Before Your Review Hearing

If you have been served with a protection order, the clock is already running. You do not have to face this alone.

Call 587-329-0999 or fill out the form below, and our Calgary family law team will get back to you promptly.


I highly recommend Violeta for anyone dealing with family law matters. From the very beginning, they were professional, compassionate, and incredibly knowledgeable. She took the time to explain every step of the process clearly and made sure I understood my options.

⭐️ ⭐️ ⭐️ ⭐️ ⭐️
– Brad C.