How to Get an Emergency Protection Order in Canada

Safety Notice: Call 911 for immediate danger.

For Emergency Protection Orders, contact your local police or call your province’s crisis line. You can apply by phone, online, or in person.

No fees are required. Most applications are approved within hours.

Key Takeaways

• Emergency Protection Orders are available 24/7 across Canada – Apply through police, courts, or victim services anytime.
• The application process is entirely free – No fees are required, and legal aid is available.
• Most orders are granted the same day – Courts decide quickly on urgent situations.
• You don’t need perfect evidence – Courts accept testimony alone.
• Multiple people can help you apply – Police, victim services, and shelter staff can assist.
• Orders initially last 30-90 days – Can be extended up to one year in some provinces.
• Violating orders is a criminal offense – Police can arrest violators immediately.
• All provinces have 24/7 crisis lines – Multilingual support available everywhere.

What is an Emergency Protection Order in Canada?

When family violence threatens your safety, Emergency Protection Orders provide immediate legal protection. These court orders create a barrier between you and the person causing harm.

Canadian law gives courts the power to issue these kinds of orders quickly, putting your safety first.

Emergency Protection Orders are civil orders, not criminal charges. However, breaking these orders becomes a criminal offense. This situation gives police the power to arrest someone who violates a protection order.

Why Emergency Protection Orders Are Important

Emergency Protection Orders serve as your immediate shield against family violence, creating legal barriers to keep you and your family safe. They give police authority to remove dangerous people from your home, establish safe zones around key locations, and protect children from continued exposure to violence. 

These orders also create an official legal record that becomes essential evidence for future court proceedings, custody decisions, and longer-term protection arrangements.

Who Can Apply for Emergency Protection Orders

Primary Applicants: You can apply yourself if you’re experiencing family violence. Someone acting on your behalf can also apply with court approval. It helps when victims are too injured, afraid, or unable to apply themselves.

Designated People: Police officers and RCMP (Royal Canadian Mounted Police)can apply for protection orders anytime, day or night. Including: 

• Victim services workers
  
• Designated transition house employees
  
• Social workers 

The law protects many different family relationships. Emergency protection orders cover violence between:

• Current or former spouses and partners
• Parents of children
• Blood relatives and adoptive relatives
• In-laws and step-relatives

Your relationship status doesn’t limit your right to protection. Whether you’re married, divorced, separated, or dating, you deserve safety from family violence.

Legal Requirements for Emergency Protection Orders

In Canada, all three legal criteria must be met for a court to grant an Emergency Protection.

1. A family-violence relationship exists (e.g., spouses, parent–child, intimate partners).
2. There has been family violence, which can include physical abuse, property damage, sexual abuse, forced confinement, stalking, or threats.
3. The court must be satisfied that there is a reasonable belief that the violence will continue or resume, and there is urgency requiring immediate protection.

How to Apply for Emergency Protection Orders

Call these numbers for immediate help:

• 911 for immediate danger anywhere in Canada
• Alberta: 310-1818 (Family Violence Info Line)
• British Columbia: 1-800-563-0808 (Victim Link BC)
• Manitoba: 1-877-977-0007 (Domestic Crisis Line)
• Ontario: 1-866-863-0511 (Assaulted Women’s Helpline)
• Nova Scotia: 1-855-225-0220 (Transition House Association)

Every province has dedicated 24/7 crisis lines. These trained workers can help you apply for protection orders over the phone.

Step-by-Step Application Process

Assess Immediate Safety. If you are in imminent danger, call 911. Otherwise, proceed to apply for an EPO.

1. Where to File the Application (Courts, Police, Lawyers)

• Police or RCMP: Available 24/7 nationwide
• Provincial Court: Visit the local courthouse during business hours
• Phone/Online: Alberta (780-422-3699 or 403-297-4444), Nova Scotia (1-866-816-6555), Newfoundland (online via Provincial Court website)

2. Application Process

   Complete forms with your details and incident descriptions. Present photo ID and any evidence like police reports, medical records, or photos.
   
   Testimony alone is sufficient if no documents are available. An ex parte hearing occurs same day or within 24 hours. Judges assess the family relationship, evidence of violence, and reasonable fear.

3. After Approval

   Police serve the order and enforce any home exclusion. A mandatory review hearing occurs within 5-14 days where both parties attend, and courts may confirm/extend the order (up to 1 year), modify conditions, replace it, or cancel it.

Keep your order copy always, call police immediately for violations, and consider longer-term protection orders if needed.

Required Documents and Evidence

Bring government-issued photo identification when applying in person. Include any evidence of family violence you have available, such as police reports, medical records, or photographs.

Emergency Protection Orders can be granted based on verbal testimony alone if supporting documents aren’t available.

It is entirely free to apply for in Canada. No government fees exist in any province or territory, and courts waive all filing costs to ensure victims can seek protection without financial barriers.

How Long Does an Emergency Protection Order Last?

Emergency Protection Order durations vary by province but typically last 30-90 days initially with mandatory review hearings. Newfoundland and Nunavut allow up to 90 days without renewal, while Alberta starts with 7-10 days before extending up to one year after review.

Manitoba can extend orders up to three years. Most other provinces begin with 30-90 day periods. Review hearings occur within 5-14 days in most jurisdictions. Courts may confirm and extend the order, sometimes up to one year. They can also modify conditions, replace it with different protection, or cancel it entirely.

Can an Emergency Protection Order Be Challenged or Cancelled?

Respondents can challenge EPOs within 10-21 days of being served. They file a challenge form with the issuing court at no cost. Common challenge grounds include insufficient evidence of recent violence, no reasonable belief violence will continue, or procedural errors.

At challenge hearings, courts may confirm the EPO, modify conditions, replace it with a different order, or cancel it entirely. This differs from mandatory review hearings within 5-14 days.

What Happens After You Apply?

Your protection begins immediately once courts approve your order. Courts hold private hearings where you present your case first, with most decisions made within hours. Police then serve the order to the respondent and may remove them from your home if necessary.

Both parties attend mandatory review hearings within 5-10 working days, where judges can confirm, modify, or cancel the order. Emergency Protection Orders typically last 30-90 days initially, with some provinces allowing extensions up to one year.

For continued protection beyond this period, you’ll need to apply for new protection orders through the family court.

How to Get Legal Help for an Emergency Protection Order?

Free legal help is available through duty counsel at provincial courthouses (no income requirements) and Legal Aid programs (income-based eligibility). Victim services workers provide 24/7 guidance and court accompaniment, while community legal clinics offer free advice for domestic violence cases.

For complex situations involving custody or criminal proceedings, private family law firms like Regina Divorce Lawyer (306-791-2189) provide specialized representation. 

Planning Your Next Steps

Emergency Protection Orders give you time and space to plan your future safely. They represent the first step toward a violence-free life, not the final solution.

Connect with victim services to develop comprehensive safety plans. Consider counseling services for emotional support and healing. 

Explore longer-term legal protections through the family court. Document any violations of protection orders for potential criminal charges.

Remember that seeking Emergency Protection Orders shows incredible strength. You’re taking control of your safety and your family’s future. Canadian law supports your right to live without violence, and Emergency Protection Orders provide the immediate protection you deserve.