Know Your Rights
Understanding your rights is a critical first step toward safety and justice. In Alberta, the law provides protections for individuals experiencing domestic violence. This guide provides a general overview. For legal advice specific to your situation, we strongly recommend speaking with a lawyer.
The Right to Be Safe
You have the fundamental right to live free from violence and fear. It is a criminal offense for someone to assault, threaten, or harass you. This includes physical, sexual, emotional, and financial abuse.
The Right to Call the Police
You have the right to call 9-1-1 for immediate assistance if you or your children are in danger. The police have a duty to respond, investigate, and if there are reasonable grounds, lay charges.
The Right to a Protection Order
You can apply to the court for an Emergency Protection Order (EPO) or a Queen's Bench Protection Order. These legal orders can include terms that prohibit the abuser from contacting you, coming to your home or workplace, and can grant you temporary possession of your home.
The Right to Stay in Your Home
Under certain legal orders, you may have the right to remain in your family home while the abuser is required to leave, regardless of whose name is on the title or lease. This is to ensure stability for you and your children.
The Right to Custody and Child Support
You have the right to seek custody of your children and to apply for child support. The court's primary consideration in these matters is the best interests of the children, which includes their safety and well-being.