Parenting and Access After an Emergency Protection Order (EPO) in Alberta

Being served with an Emergency Protection Order (EPO) can be a life-altering experience — especially if you’re a parent. Many EPOs are issued in the context of family conflict or domestic allegations and can include immediate restrictions on parenting time or even a complete prohibition on contact with your children.

If you're facing this situation, you're not alone — and there are legal steps you can take to protect your relationship with your children.

How EPOs Affect Parenting and Access Rights

An Emergency Protection Order is a civil order that can be granted quickly, often without notice to the respondent. While it's designed to provide temporary protection, it can carry major consequences, including:

• Forcing you to leave your family home

• Preventing any direct or indirect contact with the complainant (often the other parent)

• Blocking contact with your children, even if you were previously involved in their daily lives

These conditions may be issued before any allegations are proven in court and without considering long-term parenting arrangements. That’s why immediate legal guidance is so important.

You Still Have Parental Rights — But You Must Act Quickly

If you're served with an EPO that limits or blocks access to your children, it's important to understand that the order is temporary and subject to a review hearing at the Court of King’s Bench, usually within 7–14 days.

At that hearing, a judge may:

• Revoke the EPO

• Amend the terms (e.g., allow supervised parenting)

• Extend or replace the order with a longer-term protection order

This is your opportunity to challenge the allegations, propose safe parenting options (such as supervised visits), and ensure your voice is heard.

Family Law vs. Criminal Defence: Navigating Overlapping Legal Systems

When an EPO is issued alongside or connected to a family breakdown, it can overlap with family law proceedings like custody or divorce. This can create confusion about who gets to see the children — and when.

In many cases, individuals dealing with EPOs are:

• Simultaneously facing domestic assault allegations

• Subject to no-contact orders or release conditions

• Locked out of their own home, even if they have joint parenting rights

At Patmore Defence, we work with family lawyers or provide strategic referrals to help you address both the criminal and parenting components of your case.

What to Avoid While the EPO Is in Place

To protect your parenting rights, avoid the following:

• Do not contact your children or co-parent unless the EPO allows it (even a text can breach the order)

• Do not rely on informal agreements — the EPO is legally binding until lifted or changed

• Do not attempt to go through third parties to pass messages

Breaching an EPO is a criminal offence, and even well-meaning actions can result in new charges that complicate your parenting rights further.

Legal Options to Regain Parenting Time

Depending on your situation, you may be able to:

• Challenge the EPO at the review hearing

• Request supervised parenting time during the interim

• Apply for a variation or revocation of the order

• Negotiate parenting time through parallel family law proceedings

Every case is unique — your background, parenting history, and the nature of the allegations all matter. We can help you present your case clearly, respectfully, and with the goal of protecting your relationship with your children.

Why It’s Critical to Work With a Defence Lawyer

Many people assume that if they haven't been criminally charged, an EPO is just a “temporary” inconvenience. But the truth is, an EPO can quickly spiral into lost parenting time, strained relationships, and potential criminal consequences if you're not careful.

By working with a lawyer experienced in defending EPOs and domestic-related matters, you’ll have someone in your corner who:

• Understands both criminal and family law implications

• Knows how to communicate with the court to preserve parenting time

• Can act fast to respond to misleading or false allegations

We Can Help — Even After Hours

At Patmore Defence, we’ve helped many clients navigate the complex situation of parenting and access after an EPO. We know how important your children are to you — and we’ll fight to protect your rights while keeping the focus on the best outcome for your family.

If you’re dealing with an EPO or protective order and want to protect your parenting time:

📞 Call us at 403-909-4822 or
📩 Book your free consultation now.