Family Support for Children with Disabilities Act

Family support services are available to families caring for a child with a diagnosed disability or to families who are awaiting confirmation of their child's diagnosis. These services are primarily based on the needs as identified by the family.

Drug Endangered Children Act

On Nov. 1, 2006, Alberta became the first jurisdiction in Canada to pass legislation giving police the power to charge parents with exposing their children to drugs.  Under the Drug Endangered Children Act, police officers can apprehend and hold children who are found living in homes where drugs are sold or produced, for up to two days.  If the children cannot be safely returned after the two days, they will begin receiving help under the Child, Youth and Family Enhancement Act.

Protection Against Family Violence Act

Protection Against Family Violence Act. The Act aims to protect all family members from family violence including children and seniors. The Act provides for some more options to a person who has experienced violence in a family situation. As well as the existing options of a restraining order or a peace bond, the Protection Against Family Violence Act provides for three new types of court order: an emergency protection order, a Queen's Bench protection order, and a warrant permitting entry. 

The Protection Against Family Violence Act allows access to a judge or justice 24 hours a day to obtain an emergency protection order with an automatic review by a Queen's Bench judge within seven days. Free legal assistance is available for the review process from Legal Aid. The Queen's Bench judge can make extensive orders under the Act including the repayment of monetary losses due to family violence, occupation of the home, and preserving specified property. The protection order can provide for arrest without a warrant. Applications for protective orders under the Act can only be made by or on behalf of a family member as defined in the Act.

Peace bonds can also provide protection, but can take longer to obtain. Under a peace bond, which is obtained pursuant to the Criminal Code, a judge can make an order about possession of firearms, non-attendance at certain premises, and non-communication.

A restraining order can only be obtained during court hours and can often require the assistance of a lawyer. It might be convenient to apply for a restraining order if you already have a court action in progress for divorce or custody issues. It is possible to apply for a restraining order by yourself. There are self-help kits available from Alberta Justice, see http://www.albertacourts.ca/ and follow the links through Court of Queen's Bench, Family Justice Services, Family Law Information Centre and Booklets. It is possible to apply for a restraining order against someone who is not a family member as defined by the Protection Against Family Violence Act. A breach of a restraining order can only be dealt with by the civil court through a citation for civil contempt.

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