No Contact Order vs. Restraining Order Alberta

Understanding Legal Protection Orders

Anna Dunaeva DLegal Anna Dunaeva January 15, 2025
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Are you facing harassment or threats in Alberta and unsure which legal protection is right for you? Call our lawyer today at 587-885-1783 or contact us for legal advice.

Learn the key differences between no contact orders, restraining orders, and peace bonds, so you can make an informed decision about your safety. Find out how each option works, their legal implications, and how they can be used to protect you from abuse or unwanted interactions.

No Contact Order vs. Restraining Order Alberta

In Alberta, no contact orders and restraining orders serve to protect individuals from harmful or unwanted interactions with any person. However, they are issued under different circumstances and to distinct parties.

No Contact Orders

No contact orders are protection orders imposed on defendants in court. They are typically issued as part of bail conditions, probation, sentencing, or in high-conflict family matters. For example, when a person is arrested for violent or threatening crimes, their bail and probation conditions can state no contact with the claimant, such as their family members or friends.

If the person disobeys the conditions of a no-contact order, their bail could be canceled, and they may spend the rest of their time awaiting their court date in jail.

Another type of no contact order in Alberta is a mutual no-contact order. These orders mandate that both parties refrain from communicating in any way, including texting, emailing, calling, and interacting on social media. Additionally, both parties may be required to stay a certain distance away from each other.

No contact orders are sometimes issued when the requirements for a restraining order have not been met. However, if they are violated, this could provide grounds for obtaining a more enforceable protective order, such as a restraining order.

If children are involved, and a no contact order is in place, communication between the parents must occur through a third party, provided the children are not named in the order. This third-party communication is strictly for arranging parental plans and necessary interactions.

Restraining Orders

Restraining orders are typically sought in civil court and can be requested by anyone who feels threatened or harassed by another individual. This includes domestic disputes, stalking, or persistent harassment.

Restraining orders set specific restrictions and conditions that the restrained person must adhere to, such as maintaining a certain distance from the protected person, ceasing communication, and sometimes vacating a shared residence.

In urgent cases, emergency protection orders (EPOs) can be obtained quickly through a Justice of the Peace under the Family Violence Act, providing immediate protection without a court hearing. Ex parte restraining orders, a type of EPO, are available in non-family violence cases as well.

For long-term protection, King’s Bench Protection Orders and Restraining Orders require a court application and a hearing before a judge. These measures ensure sustained safety and allow individuals to seek appropriate protection based on their circumstances.

Peace Bonds

A peace bond is a preventive protection order requiring the defendant to “keep the peace” for up to one year. It is issued if someone has not been charged with a crime but is likely to.

Anyone with a reasonable fear of harm to themselves, their family, or their property can apply for a peace bond by making a complaint to the police.

If issued, the defendant must follow the peace bond conditions or risk criminal charges. Common conditions include:

  • Agreeing to keep the peace and be on good behavior.
  • Refraining from owning weapons.
  • Not contacting the claimant or their family members.
  • Staying away from specific locations, like the claimant’s home or workplace.
  • Abstaining from drugs and alcohol.

Peace bonds last up to one year and are enforceable throughout Canada. They can be renewed through a court application if necessary.

The Right Protection Order for Your Situation

Choosing between a restraining order, a no contact order, or a peace bond depends on the specific circumstances and the level of protection required. Consulting with legal professionals ensures you receive tailored advice for your unique situation.

At DLegal, our experienced family lawyers will guide you through the differences between these legal protections, assist with the application process, and ensure all necessary documentation is filed correctly. Get in touch today!

The content of this article is intended as a general guide and should not be considered legal advice. For detailed information regarding your specific circumstances, consult with a lawyer. Refer to our Terms of Use for more information.

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