The Protection Against Family Violence Act
As you can see, the Act takes into account just about anyone who could be thought of as a family member, including relatives like aunts, uncles, mothers-in-law, grandparents, and adult children. But just how can a family member make use of this legislation to protect himself or herself or someone else in the family? There are three types of court orders included in this statute:All of the remedies for family violence that you have looked at so far have a common failing; they all take time to implement when a victim of abuse may need help right away.
It was partly for this reason that the Alberta government created the Protection Against Family Violence Act.
The Protection Against Family Violence Act is designed to give immediate protection to all family members, including people who:
- are or have been married to each other;
- are or have been adult interdependent partners;
- live together, or have lived together, in an intimate relationship;
- have had children together;
- are children of anyone in the custody of any of the preceding categories; or
- live together and are related to at least one person in the household by blood, adoption, marriage, or an adult interdependent relationship.
- an emergency protection order;
- a Queen's Bench protection order; and
- a warrant permitting entry
Emergency Protection Order
An emergency protection order issued under the Protection Against Family Violence Act is a court order that has a big advantage over the other types of court orders you have been looking at. As its name suggests, you can get one immediately in an emergency situation at any time, day or night. If there is a violent or threatening situation involving a family member, you can simply dial 911 and ask for police help. When the police arrive, you can explain the situation, giving all the necessary information, and ask for an emergency protection order; if the police believe that there is a good reason for such an order, they will immediately contact a provincial court judge or a justice of the peace and it will be up to this person to issue you an order.
Queen's Bench Protection Orders
An emergency protection order takes effect as soon as it is made and the respondent is notified. But within seven days, according to the Protection Against Family Violence Act , a judge of the Court of Queen's Bench (one of the province's higher courts) must review the order.
If the judge in the Court of Queen's Bench is convinced that it is warranted by the situation, he or she will issue a Queen's Bench Protection Order. An order of this sort can do all the things an emergency protection order can do and a good deal more. And unlike an emergency protection order, a Queen's Bench protection order can be in force for up to a year.Because children who are abused or neglected in their homes are deemed to need governmental protection, Alberta's Child, Youth and Family Enhancement Act , contains a section devoted exclusively to this problem. This legislation gives governmental authorities police and provincial social workers, the power to apprehend children who appear to be in danger in their homes. Because it is often critical to get an abused child out of the home immediately, no warrant is needed for an apprehension.
Depending on the severity of the situation, one of two things may be done to protect the child from more harm:The Ministry of Children's Services in Alberta operates a 24-hour confidential telephone service called the Child Abuse Hotline to make reporting easy, quick and confidential. You simply dial, toll-free, 1-800-387-5437.
- The child may be returned to his or her home on the condition that social workers will supervise the situation for a period of time. As well, support needed to allow the family to continue caring for the child will, if possible, be provided through a Family Enhancement Agreement signed by the parents. This is always the preferred course to take if it does not further endanger the child because it is considered to be best for children if they can continue living in the family home under the care of their parents.
- The child may be placed under guardianship, which means that a government agency takes responsibility for the child, probably temporarily placing him or her in a foster home. In the most serious cases, this may become a permanent situation. The Child, Youth and Family Enhancement Act puts an emphasis on placing children, whenever possible, within their own communities and extended families for instance, with aunts, uncles, or grandparents.
Warrants Permitting Entry
The third sort of order that can be issued under Alberta's Protection Against Family Violence Act is a warrant allowing the police to enter a home or another premises. For example, if you call the police and the abusive family member will not allow them to enter your home, the police can apply to a judge for a warrant to enter all the same. Once inside, you can request an emergency protection order.
The Protection Against Family Violence Act
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