Can I Apply for a Protection Order Without Telling My Ex in British Columbia?
This answer covers the law of British Columbia.
Yes. In British Columbia, an application for a protection order may be made without notice to the other person. The order can only be made against a family member, such as a spouse, a former spouse, a person you live or have lived with in a marriage-like relationship, or a parent of your child. Dating partners, co-workers and strangers are not covered, though a criminal peace bond can be used against anyone.
The court may make the order if it decides family violence is likely to occur and you are an at-risk family member. It must weigh factors such as the other person's history of violence, whether it is escalating, controlling behaviour, recent separation, weapons, and how at risk you feel. No other family court case needs to be started first, and someone else can apply for you.
Once an order is made without notice, the person it is made against can apply to set it aside, change it or end it. Police with reasonable and probable grounds to believe a term was broken can act, whether or not there is proof the order was served. If you are in immediate danger, contact police first, and a lawyer can help you prepare.
Key takeaways
- An application for a protection order may be made without notice to the other person.
- The order is only available against a family member, so dating partners, co-workers and strangers are not covered, although a criminal peace bond can be used against anyone.
- The court looks at whether family violence is likely and at factors such as past violence, escalation, controlling behaviour, recent separation and weapons.
- After a without-notice order is made, the person it is against can apply to set it aside, change it or end it.