How Long Does a Family Law Protection Order Last in BC?

If you have a protection order, or one has been made against you, the first practical question is how long it lasts. The answer affects your safety planning, your living arrangements and what you are allowed to do.

This article explains the usual length of a Family Law Act protection order in British Columbia, how the term can differ, and what happens as the end date approaches. It is general information, not advice on your situation.

This article covers the law of British Columbia.

The usual rule: one year

A protection order under the Family Law Act expires one year after the date it is made, unless the court provides otherwise. The clock starts on the date the order is made, not on the date it is served or the date a problem happened.

Check the order itself. If the court set a different term, that term applies instead of the one-year default.

Court staff usually enter orders in the Protection Order Registry the same day a judge signs them, so the protected person does not have to request registration. 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.

When the term can be different

The one-year expiry applies only where the court does not provide otherwise, so a court can set a different term. An order can also be shortened, extended, changed or terminated when a party applies under section 187(1) of the Act.

If the order was made without notice, the person it is made against can apply to set it aside, or to change or end it under section 187. Who else can apply in your situation is worth confirming with a lawyer.

Extending, changing or ending an order

An application to extend, change or end a protection order must be made before the order expires. That makes the end date important. If you want protection to continue, do not wait until the last week.

Supreme Court Family Rules forms include F54 for a protection order and F54.1 for an order terminating a protection order. Which form and court suit your situation is worth confirming with a lawyer or the court registry.

The Supreme Court has jurisdiction over all matters under the Family Law Act, and the Provincial Court also has jurisdiction in all matters under the Act, subject to the Divorce Act and section 193(2). Supreme Court filing carries a fee that can be waived if the person cannot afford it. Which court is the better fit depends on your circumstances, so it is worth asking the court registry or a lawyer.

If the order has already expired

Once an order has expired, a person can still make a new application for a protection order under section 183. The court then looks at the situation afresh. It must decide whether family violence is likely to occur and whether the applicant is an at-risk family member.

In deciding, the court considers things such as the respondent's history of violence, whether violence is repetitive or escalating, coercive or controlling behaviour, recent separation and the applicant's own perception of risk.

The court may make a protection order regardless of whether prior orders exist, whether criminal charges are possible, or whether the applicant has returned to live with the respondent. If the person at risk is a child, the court must also consider whether the child may be exposed to family violence without an order, and whether an order should also be made about the child.

Orders made without notice, and breaches

An application for a protection order may be made without notice to the other person. If that happens, the person it is made against can apply to set it aside, or to change or end it. If you are the respondent, you should read the order carefully and get legal advice quickly rather than ignoring it.

While an order is in force, breaching it can have serious consequences. Disobeying a lawful court order without lawful excuse is an offence under Criminal Code section 127(1), which can be prosecuted by indictment, with imprisonment of not more than two years, or as a summary conviction offence.

A police officer with reasonable and probable grounds to believe a person has contravened a term of a Part 9 order may take action to enforce it, whether or not there is proof the order was served.

What to do next

• Find the date the order was made and calculate the one-year date, or find the end date the court set.
• Put the expiry date and a reminder well before it in your calendar.
• Keep a copy of the order with you and tell people who need to know about it.
• Record any incidents with dates, since they may matter if you seek to extend or reapply.
• If you want to extend, change or end the order, speak with a lawyer before it expires.

Frequently asked questions