Domestic Violence Laws Alberta

Alberta addresses domestic and family violence through two overlapping frameworks: the provincial Protection Against Family Violence Act, which authorises emergency protection orders and prohibits threats, stalking, and confinement, and the federal Criminal Code, which covers assault, sexual assault, and abduction. Alberta's Clare's Law also gives residents the right to request a partner's history of violence.

Under Canadian law, domestic violence may result in summary or indictable offence charges including assault, abduction, homicide, sexual assault, offences involving child sexual abuse and exploitation material, and trafficking in persons. In addition, Alberta's Clare's Law gives residents the right to get information about their partners.

Here is what Alberta residents most often need to know:

• You may get a protection order if a family member threatens or harms you.
• Once you report domestic violence in Alberta, you cannot drop the charges.
• Assault is the use of force against another without consent under the Canadian Criminal Code.
• A conviction for domestic violence may affect parenting orders and contact with children.
• Victims of domestic violence may seek a peace bond or no-contact orders.
• There is no limitation period for indictable domestic violence or sexual assault charges in Canada, though summary conviction charges generally must be laid within 12 months.

Where to get help in Alberta right now

Call 911 if you or someone you know is in immediate danger.

The Government of Alberta operates several confidential lines for people experiencing family violence. You do not need to have made a police report to call any of them.

Note: Alberta passed Clare's Law. The Disclosure to Protect Against Domestic Violence (Clare's Law) Act gives people who feel at risk of domestic violence a way to get information about their partners so they can make informed choices about their safety. Alberta's version of Clare's Law is named after a young woman killed by an ex-boyfriend with a history of violence against women.

People at risk can find out if their partner has a history of:

• domestic violence
• stalking or harassment
• breaches of no contact orders
• other relevant acts

References:

• Protection Against Family Violence Act, RSA 2000, c P-27
• Alberta's Family Law Act, SA 2003, c F-4.5
• Canadian Criminal Code

What is the law on domestic violence in Alberta?

Alberta's Family Law Act defines family violence for the purposes of decisions about a child's best interests.

"Family violence" includes behaviour by a family or household member causing or attempting to cause physical harm to the child or another family or household member, including forced confinement or sexual abuse, or causing the child or another family or household member to reasonably fear for his or her safety or that of another person.

Family Law Act, SA 2003, c F-4.5, s 18(3)

That same subsection carves two things out of the definition:

• Acts of self-protection, or protection of another person.
• Use of force against a child as a means of correction by a guardian or a person with care and control of the child, where the force does not exceed what is reasonable in the circumstances.

Consequently, if a spouse or family member attacks you, defending yourself is not itself family violence under the Act.

Alberta's Protection Against Family Violence Act uses its own, separate definition. Under section 1(1)(e), family violence includes:

• Any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a family member.
• Any act or threatened act that intimidates a family member by creating a reasonable fear of property damage or injury to a family member.
• Forced confinement.
• Sexual abuse, meaning sexual contact of any kind that is coerced by force or threat of force.
• Stalking, meaning repeated conduct the person knows or reasonably ought to know constitutes harassment and causes a family member to fear for someone's personal safety.

In short, it is unlawful to harm, threaten, or intimidate a family member.

What is vital to remember is that the Canadian Criminal Code does not identify specific offences called "domestic violence." Instead, if an incident occurs in your home, the perpetrator risks the charges set out below.

How do you get an emergency protection order in Alberta?

An emergency protection order, or EPO, is Alberta's fastest civil protection tool. Under section 2(1) of the Protection Against Family Violence Act, a justice of the Alberta Court of Justice or a justice of the peace may grant one on an application made without notice to the respondent. Because justices of the peace can grant them, EPOs are not limited to a courtroom appearance.

The justice must be satisfied of three things: that family violence has occurred, that the claimant has reason to believe the respondent will continue or resume it, and that the order is needed for the claimant's immediate protection by reason of seriousness or urgency.

Alberta's guidance also notes that police can obtain an EPO themselves while investigating a domestic disturbance, and that you can apply for one from the Court of Justice without notice to the other party.

An EPO can do more than order someone to stay away. Under section 2(3), it may:

• Restrain the respondent from attending at or near the residence, workplace, school, or business of the claimant or other family members.
• Restrain the respondent from communicating with or contacting the claimant and other specified persons, including through a third party.
• Grant the claimant exclusive occupation of the residence, regardless of who owns or leases it.
• Direct a peace officer to remove the respondent from the residence.
• Direct a peace officer to supervise the removal of personal belongings.
• Direct the seizure and storage of weapons used or threatened to be used to commit family violence.

Watch out: An EPO is temporary by design. Section 2(5) says it takes effect immediately when granted, but section 2(6) requires the order to name a date, time, and place for review by a Court of King's Bench justice no later than 9 working days after it was granted. At that review, section 3(4) lets the justice revoke the order, direct an oral hearing, confirm it so it becomes an order of the Court of King's Bench, or revoke it and grant a King's Bench protection order instead. Missing that review date matters.

Can you go to jail for domestic violence in Canada?

Under provincial and federal laws, you may go to jail for committing any of the crimes below.

Spousal battery, assault, and causing bodily harm

Section 265 of the Canadian Criminal Code sets out three ways a person commits an assault. Under the statute, you commit an assault if you:

• Apply force intentionally to another person, directly or indirectly, without that person's consent.
• Attempt or threaten, by an act or a gesture, to apply force to another person, while you have, or cause that person to believe on reasonable grounds that you have, the present ability to carry it out.
• While openly wearing or carrying a weapon or an imitation of one, accost or impede another person or beg.

The second branch is narrower than it may sound. A threat or an attempt only becomes an assault where it is a threat or attempt to apply force, coupled with the present ability to do so or a reasonable belief in that ability. Words alone can still be a criminal offence, but the offence is uttering threats under section 264.1 rather than assault.

Types of domestic violence charges that flow from these provisions include:

• Sexual assault. A hybrid offence with a maximum of 10 years in prison on indictment, rising to 14 years if the complainant is under 16. On summary conviction the maximum is 18 months, or two years less a day if the complainant is under 16.
• Uttering threats. Under section 264.1, knowingly uttering, conveying, or causing a person to receive a threat to cause death or bodily harm is a hybrid offence, punishable by a maximum of 5 years in prison on indictment.
• Assault with a weapon, causing bodily harm, or choking. Under section 267, this is a hybrid offence with a maximum of 10 years in prison on indictment. Section 267 sets no summary maximum of its own, so the general penalty in section 787(1) applies: a fine of not more than $5,000, imprisonment of not more than two years less a day, or both. The same fallback applies to uttering threats.
• Aggravated sexual assault. An indictable-only offence punishable by up to life imprisonment.

Honest but mistaken belief in consent

Section 265(4) addresses the defence of honest but mistaken belief in consent. Where an accused alleges that he believed the complainant consented, and a judge is satisfied there is enough evidence that the claim would constitute a defence if the jury believed it, the judge must instruct the jury to consider the presence or absence of reasonable grounds for that belief when weighing whether the belief was honest.

Can assault charges be dropped by the victim in Alberta?

Once you report an assault in Canada, the state becomes responsible for prosecution. Consequently, the victim no longer has the option to drop the charges.

What you must remember:

• After you report domestic violence, the court may impose conditions preventing contact between the accused and the victim.
• Once you report an assault to the police, you cannot drop the charges in Canada.
• The court may order a protection order, no-contact conditions, or a peace bond.
• A peace bond is not a conviction, so entering into one does not create a criminal record for the underlying allegation. Ask defence counsel how a peace bond would appear in your particular circumstances.
• If the case goes to trial, prosecutors must prove with sufficient evidence that the accused committed the offence.

What is the penalty for domestic violence in Alberta?

Apart from assault, a person accused of domestic violence in Alberta may face the following penalties.

Parental domestic abduction

Under the Canadian Criminal Code, parental abduction of a child under 14 is punishable by a maximum of 10 years in prison. In addition, if the incident involves violence, it may lead to other charges, including assault. An abduction finding can also weigh heavily in any parenting or guardianship proceeding under the Family Law Act.

Intimate images and child sexual abuse material

Alberta's Protecting Victims of Non-consensual Distribution of Intimate Images Act creates a civil claim for distributing an intimate image of someone who had a reasonable expectation of privacy. Sharing or threatening to share intimate images or videos can therefore expose the sender to a lawsuit as well as criminal charges.

Under section 7(1) of that Act, a court may:

• Award damages, including general, special, aggravated, and punitive damages.
• Order the defendant to account for any profits made from the distribution.
• Issue an injunction on whatever terms the court considers appropriate.
• Make any other order that is just and reasonable in the circumstances.

Section 9 also allows the court to prohibit publication of the name of any party, or of information likely to identify a party, where it is in the interests of justice.

Under Criminal Code section 163.1, it is unlawful to make, distribute, possess, or access child sexual abuse and exploitation material, the term Parliament now uses in place of child pornography.

Other possible charges related to domestic violence in Alberta include:

• Murder (first or second degree) and manslaughter
• Indecent or harassing phone calls
• Uttering threats, by phone or in person
• Extortion

What is the penalty for sexual assault in Alberta?

Sexual assault refers to sexual activity that occurs without consent, and it includes sexual assault by a spouse. The Criminal Code sets out three main offences, each with its own penalty structure.

Sexual assault (section 271). Up to 10 years in prison for an indictable offence, and not more than 18 months for a summary conviction offence. If the complainant is under 16, the indictable maximum rises to 14 years with a one-year mandatory minimum, and the summary maximum rises to two years less a day with a six-month mandatory minimum.

Sexual assault with a weapon, threats to a third party, or causing bodily harm (section 272). The maximum is 14 years. Mandatory minimums apply only in specific circumstances:

• A restricted or prohibited firearm is used, or any firearm is used and the offence is committed for the benefit of, at the direction of, or in association with a criminal organization: minimum 5 years for a first offence, 7 years for a second or subsequent offence. The criminal organization branch still requires a firearm.
• Any other firearm: minimum 4 years.
• Complainant under 16: the maximum rises to life imprisonment, with a minimum of 5 years.
• All other cases, including a weapon that is not a firearm: a maximum of 14 years and no mandatory minimum.

Aggravated sexual assault (section 273). An indictable offence carrying a maximum of life in prison in every case. Minimums mirror section 272: 5 years rising to 7 where a restricted or prohibited firearm is used, or where any firearm is used and the offence is committed for the benefit of, at the direction of, or in association with a criminal organization, 4 years for any other firearm, and 5 years where the complainant is under 16. There is no mandatory minimum in the remaining cases.

Section 271 of Canada's Criminal Code reads:

"Everyone who commits a sexual assault is guilty of (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months."

Criminal Code, RSC 1985, c C-46, s 271

What happens if you are charged with domestic violence in Alberta?

Depending on the facts and the offence, the court may order:

• Imprisonment. If the victim dies, section 235 of the Criminal Code requires a sentence of life imprisonment for first degree or second degree murder.
• Conditional release. For less serious offences, the court may impose release conditions such as no contact with the victim.

Under Alberta's Protection Against Family Violence Act, breaching a protection order is a separate provincial offence. Section 13.1(1) makes it an offence to contravene or fail to comply with a provision of a protection order, or to obstruct someone carrying out a function under one, where the person has actual notice of the provision.

Section 13.1(2) sets escalating penalties:

Note that the second and third breaches carry mandatory minimum jail terms. There is no fine-only option once a person has breached more than once.

What to remember:

Under section 13.2 of the Act, a peace officer may arrest without a warrant anyone the officer believes on reasonable grounds has breached a protection order. Protection orders commonly prohibit:

• Threatening family members.
• Communicating directly or indirectly with a family member, including through a third party.
• Following or stalking a family member.
• Attending at or near the family member's home, school, or workplace.

What is Clare's law in Alberta?

If you are at risk of domestic violence, you have the right to get information about potentially harmful intimate partners. Under Clare's Law, you may access information including:

• No-contact order breaches.
• Harassment and stalking.
• Domestic violence history.
• Other acts related to domestic violence.

You have the right to ask the police for the information above, and the police may proactively provide it if they consider you an at-risk person. You can apply through Clare's Law online using the "right to ask" application, which takes about 30 minutes to complete. Applications are typically processed within four to six weeks.

To be eligible, you must:

• Be a resident of Alberta.
• Have a reason to apply for the information above.
• Be willing to meet and talk with the police.
• Have met the person whose information you seek.
• The person must be an intimate partner.

Can you sue for domestic violence in Alberta, Canada?

Under provincial and federal laws, a criminal prosecution and a civil lawsuit can both proceed. If your partner assaults you, you may sue the individual for damages, including:

• Pain and suffering.
• Medical bills.
• Loss of income.
• Loss of earning capacity and other damages.

Where an assault has occurred, the usual first steps are to contact law enforcement, file a police report, and speak with a lawyer about a civil claim.

That said, a lawsuit can be expensive, and outcomes vary with the evidence and the defendant's ability to pay. Alberta's Limitations Act is unusually generous here. Section 3.1(1) provides that there is no limitation period at all for a claim relating to a sexual assault or battery. For other sexual misconduct, and for non-sexual assault or battery, there is also no limitation period where, at the time, the claimant was a minor, was in an intimate relationship with the person responsible, was dependent on that person financially, emotionally, physically or otherwise, or was a person under disability.

Section 3.1(2) goes further: it applies to acts that occurred before or after the section came into force, regardless of whether an older limitation period had already expired. Many historical domestic violence and sexual assault claims that were once time-barred in Alberta are therefore capable of being brought.

What is a peace bond in Alberta?

A peace bond under section 810 of the Canadian Criminal Code is a court order that a person may seek where they fear another person will injure them, their partner or child, or damage their property. If the defendant does not obey the conditions, the individual may face criminal charges.

What to remember:

• You may get a peace bond if you fear a family member may harm you or cause property damage.
• A peace bond may require the defendant to keep the peace and be of good behaviour, stay away from the potential victim, abstain from alcohol and non-prescription drugs, surrender weapons, or refrain from contacting the victim.

Failure to obey a peace bond is a separate offence under section 811 of the Criminal Code and may result in imprisonment for up to four years. Learn more about peace bonds from the Department of Justice.

The intimate partner violence peace bond (section 810.03)

Parliament added a peace bond built specifically for intimate partner violence to the Criminal Code in 2024. Section 810.03 lets a person who fears that another person will commit an offence causing personal injury to an intimate partner, to their child, or to a child of the intimate partner, apply for a recognizance.

Key features of a section 810.03 recognizance:

• Duration. Up to 12 months, extending to a maximum of two years where the defendant has previously been convicted of an offence involving violence against an intimate partner or a child.
• Conditions. The judge may require the defendant to attend an approved treatment program for addiction or domestic violence counselling, remain within a specified geographic area, stay away from specified places, abstain from drugs, alcohol, or other intoxicating substances, provide bodily substance samples, and refrain from communicating with the intimate partner, children, or related persons.
• Electronic monitoring. The judge may order the defendant to wear an electronic monitoring device where the Attorney General requests it.
• Firearms. The court must consider whether it is desirable to prohibit the defendant from possessing firearms or other weapons, and must add that condition where it is necessary for safety.
• Refusing to enter into it. If the defendant fails or refuses to enter into the recognizance, the judge may commit the defendant to prison for up to 12 months.

This provision is newer than the general section 810 peace bond and is aimed squarely at intimate partner relationships, so it is worth raising specifically when speaking with police or Crown counsel.

Other Alberta Laws

• How to file a civil claim in Edmonton, Alberta
• How long a civil lawsuit takes in Alberta
• What courts deal with civil cases in Edmonton
• Alberta hit and run laws
• Are divorce records public in Alberta
• Right of first refusal in Alberta

Related Canadian Guides

• Domestic violence laws in Canada
• Canadian law by province and topic
• Recording laws in Canada
• Hit and Run laws in Canada
• Child Support laws in Canada
• Slip and Fall laws in Canada
• Data Privacy laws in Canada