Can I Get a BC Protection Order if My Ex Lives in Another Province or Country?
This answer covers the law of British Columbia.
The Family Law Act does not set a residence requirement for the other person, so living in another province does not by itself stop a BC court from making a protection order. Section 183 only requires that family violence is likely to occur and that the applicant is an at-risk family member. The other person must still be a family member, such as a spouse or former spouse.
Enforcing a BC order outside the province depends on the other jurisdiction's recognition process. Criminal protection orders, such as peace bonds, can be enforced anywhere in Canada. A peace bond under Criminal Code s 810 can be used against anyone, which matters if your ex is not a family member under the Act.
How a BC court deals with someone living outside Canada, and whether another country will recognize an order, is unsettled and worth confirming with a lawyer. Going the other way, an order made in another Canadian province or territory that is similar to a section 183 order is treated in BC as a Part 9 order without registration, although you may still choose to register it.
Key takeaways
- The Family Law Act sets no residence requirement for the other person, but they must still be a family member.
- A court may make a protection order if family violence is likely to occur and the applicant is an at-risk family member.
- Enforcing a BC order outside the province depends on the other jurisdiction's recognition process, while criminal orders such as peace bonds can be enforced anywhere in Canada.
- A Canadian civil protection order from another province or territory is treated in BC as a Part 9 order without registration.