Is breaching a protection order or violating its conditions, a civil or criminal offence?
It may be either. The Criminal Code makes it an indictable offence to disobey a court order without reasonable excuse. Anyone found guilty of this may be jailed for up to two years. Furthermore, a person who disobeys a court order may be cited for civil contempt by the Court of Queen’s Bench. These penalties do not apply to the breach of an order where the order states that money must be paid. These types of breaches are handled by the Maintenance Enforcement Program. 9. How can central JPs (justices of the peace) know intricacies of other jurisdictions? The Protection Against Family Violence Act applies uniformly across Alberta. An emergency protection order can only be granted if the JP decides there has been family violence and that, because of seriousness or urgency, there is a need to ensure the immediate protection of the claimant. The applicant should make the JP aware of all pertinent facts, including any special circumstances, so the JP can make an informed decision. It is mor
