Changing or Ending a Protection Order in British Columbia

A protection order can feel like the right step one month and a problem the next. Maybe you are the protected person and circumstances have changed. Maybe you are the person the order is against and you want it reviewed. Either way, the order does not simply fade because both of you want it to.

This article explains how a Family Law Act protection order ends, how to ask a court to change it, and why a reconciliation does not cancel it automatically. It is general information, not advice on your situation.

This article covers the law of British Columbia.

How long a protection order lasts

Unless the court provides otherwise, a protection order expires one year after the date it is made. Because of the words "unless the court provides otherwise", a judge can set a different length of time.

Check the order itself for its date and any end date. If you are unsure what it says, ask the court registry or a lawyer to help you read it.

Some protection is not a Family Law Act order at all. A criminal peace bond under Criminal Code s 810 is a different tool, and the court may order a recognizance to keep the peace and be of good behaviour for up to 12 months. If you are not sure which kind of order you have, the wording on the document and the court registry can help you tell.

Why getting back together does not end it

An order stays in place until it expires or the court changes or ends it. The Act allows an order to be shortened, extended, changed or terminated on application by a party. Nothing in that process says a private agreement between the two of you does the same job.

The law also expects that people sometimes return to each other. A court may make a protection order even if the applicant has returned to live with the respondent. So living together again does not, by itself, show that the order is no longer needed.

The practical risk is real. Disobeying a lawful court order without lawful excuse is an offence under the Criminal Code, and the protection order forms warn about this. It can be prosecuted either as an indictable offence, with imprisonment of not more than two years, or as a summary conviction offence. Police who have reasonable and probable grounds to believe a term was contravened may act, whether or not there is proof the order was served. If contact is allowed again, the safe route is to ask the court to change the order first.

Applying to change, extend or end an order

• Either party can apply to shorten, extend, change or terminate the order.
• The application must be made before the order expires.
• In the Supreme Court Family Rules, form F54.1 is the order terminating a protection order.
• If the order has already expired, you can still make a new application for a protection order.

If you are the protected person and want more time, apply early rather than at the last moment, because an application to extend must be made before the order expires. How a court approaches an extension depends on your situation, so it is worth confirming with a lawyer.

Both the Supreme Court and the Provincial Court have jurisdiction over matters under the Family Law Act, subject to some limits. Which court suits you depends on what else is going on in your family situation, so it is worth confirming with a lawyer or the court registry. If you file in the Supreme Court, there is a filing fee, and it can be waived if you cannot afford it. Form F85 is the order to waive fees.

If the order was made without notice

An application for a protection order may be made without notice to the other person. If that happened, the person the order is made against can apply to the court to set it aside, or to change or terminate it.

If you are in that position, keep following the order's terms while you apply. Whether any reason for not following an order would be accepted depends on your situation, so it is worth confirming with a lawyer before you act. You may want advice on how to present your side.

What to do next

Orders are recorded in the Protection Order Registry, a confidential database of family law and criminal protection orders in BC. Court staff usually enter orders there the same day a judge signs them. Police can confirm an order's current details by calling a central number at any time of day or night, and then act to enforce it right away. That is another reason to keep following the order until the court has formally changed it.

• Find the date the order was made and any stated end date.
• Write down what you want changed: contact, places, length, or ending it altogether.
• Decide early whether you need an extension, and apply before expiry.
• Keep following every term until a judge changes it.
• Speak with a lawyer or the court registry about forms and which court to use.

Frequently asked questions