How to Get a Protection Order in BC: Steps and Forms

If you are afraid of a current or former partner, you may want to know what the court process looks like and what you need to start it. In British Columbia, a protection order under the Family Law Act is one of the main tools for this.

This article walks through who can apply, which court and forms are involved, what the judge looks at, and what happens after the order is made. It is general information, not advice for your situation, and if you are in immediate danger you should contact emergency services right away.

This article covers the law of British Columbia.

Who can get a protection order

A court may make a protection order against a family member if it decides that family violence is likely to occur and the other person is an at-risk family member. An at-risk family member is someone whose safety and security is, or is likely to be, at risk from family violence.

Family violence is broader than physical assault. It includes physical abuse such as forced confinement, sexual abuse, attempts at either, and psychological or emotional abuse such as intimidation, harassment, coercion, threats, stalking and intentional damage to property. Unreasonable restrictions on your financial or personal autonomy also count.

The order must be against a family member. That includes a spouse or former spouse, someone in a marriage-like relationship now or in the past, and a parent or guardian of your child. A person can be a spouse if married, or if they lived in a marriage-like relationship for at least 2 years or, outside Parts 5 and 6, have a child together.

If the person is a dating partner, co-worker or stranger who is not a family member, you cannot get a Family Law Act protection order against them. A criminal peace bond can be used against anyone.

Which court, which forms, and what it costs

Both the Supreme Court and the Provincial Court have jurisdiction over matters under the Family Law Act. Even though the Provincial Court cannot make some other kinds of orders, it can make a protection order that restricts access to a residence to protect a family member's safety.

In the Supreme Court, the Family Rules forms include F54 for a protection order and F54.1 for an order terminating one. F85 is the form for an order to waive fees. The Supreme Court filing carries a fee that can be waived if you cannot afford it. Legal Aid BC's guide says there is no court fee to apply in Provincial Court. Check the current fee schedule or ask the court registry before you file.

The steps, from application to order

• Decide which court suits you, and get the correct forms from the court registry or the court's website.
• Describe the family violence and why you fear it will happen again. Include dates, events, threats and any earlier orders.
• File your application. It can be made by you, by another person on your behalf, or by the court on its own initiative, and no other family proceeding is needed first.
• Ask to proceed without notice if you are worried about the other person's reaction. An application may be made without notice.
• The court then decides whether to make an order and on what terms, based on whether family violence is likely and whether you are an at-risk family member. How the process unfolds in your case depends on the facts, so it is worth confirming with a lawyer.
• If an order is made, keep a copy with you at all times.

If an order is made without notice, the person it is made against can apply to set it aside, or to change or end it.

What the judge looks at and what the order can say

The court must consider, among other things, the other person's history of violence, whether the violence is repeated or escalating, coercive or controlling behaviour, the state of the relationship including a recent separation, risk factors such as substance abuse, weapons or mental health, your own perception of risk, and your vulnerability.

The court may make an order even if there are earlier orders, the other person is temporarily absent, criminal charges are possible, or you have gone back to living with them. 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.

The terms can restrain contact and communication, restrict attendance at specified places, direct police to remove, accompany or seize items such as weapons, require reporting, and include other terms the court considers necessary.

After the order: length, breaches and next steps

Unless the court provides otherwise, a protection order expires one year after it is made. A party can apply to shorten, extend, change or end it, but that application must be made before the order expires. After expiry you can still make a new application.

Court staff usually enter orders in the Protection Order Registry the same day a judge signs them, and police can confirm the details at any time of day or night and then enforce the order right away. If an officer has reasonable and probable grounds to believe a term was breached, they may act to enforce it, whether or not there is proof the order was served. Disobeying a court order can be a criminal offence under Criminal Code s 127, and the Supreme Court form warns that arrest without warrant may follow.

• Gather messages, photos, reports and dates that show the family violence.
• Choose the court and collect the forms.
• Ask about a fee waiver if you apply in the Supreme Court.
• Keep a copy of the order with you and note its expiry date.
• Speak with a lawyer or a legal aid service about your situation, especially if there are children or a parenting case.

Frequently asked questions