How to Get a Protection Order in British Columbia: Step by Step

If you are afraid of a current or former partner or another family member, you may want a court order that sets clear limits on contact. In British Columbia, the Family Law Act has a specific kind of order for this, called a protection order.

This article explains who can apply, what the court considers, which forms and courts are involved, and how notice and registry entry work. It is general information, and a lawyer can confirm how it applies to you. If you are in immediate danger, contact police.

This article covers the law of British Columbia.

Who can apply, and against whom

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, meaning someone whose safety and security is or is likely at risk from family violence.

The application can be made by the at-risk family member, by another person on their behalf, or by the court on its own initiative. No other family proceeding is required first.

"Family member" includes a spouse or former spouse, a person who lives or has lived in a marriage-like relationship, a parent or guardian of your child, and certain relatives who live with you. A person is a spouse if married, or if they have lived in a marriage-like relationship for at least 2 years or (except in Parts 5 and 6) have a child with the other person. Dating partners, co-workers or strangers who are not a family member cannot be named in a Family Law Act protection order, although a criminal peace bond can be used against anyone.

What counts as family violence

• Physical abuse, including forced confinement or deprivation of the necessities of life, but not reasonable force used to protect yourself or others.
• Sexual abuse and attempts to physically or sexually abuse a family member.
• Psychological or emotional abuse, including intimidation, harassment, coercion, threats (including threats about other people, pets or property), stalking and intentional damage to property.
• Unreasonable restrictions on a family member's financial or personal autonomy.
• For a child, direct or indirect exposure to family violence.

What the court weighs and what an order can say

In deciding, the court must consider things like the respondent's history of violence, whether violence is repetitive or escalating, coercive or controlling behaviour, the state of the relationship including recent separation, risk factors such as weapons or substance abuse, your own perception of risk, and your vulnerability. The court may make an order even if there are prior orders, criminal charges are possible, or you have returned to live with the respondent.

An order 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. If the at-risk person 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.

Forms, courts, notice and the registry

The Supreme Court has jurisdiction over all matters under the Family Law Act, and the Provincial Court does too, subject to the Divorce Act and some limits. The Provincial Court cannot make orders under Parts 3, 5 (except respecting a companion animal), 6 or 8, but it can still make a Part 9 order restricting access to a residence to protect a family member's safety. Which court suits you can depend on what else you need, so ask the court registry or a lawyer.

In the Supreme Court, the Family Rules forms include F54 for a protection order, F54.1 for an order terminating a protection order, and F85 for an order to waive fees. Fees can differ by court, and a Supreme Court fee can be waived if you cannot afford it. What happens at any hearing depends on your situation and the court, so it is worth confirming the steps with the court registry or a lawyer.

An application may be made without notice to the other person. If an order is made that way, the person it is made against can apply to set it aside, change it or end it. Once an order is signed, court staff usually enter it in the Protection Order Registry the same day, so you do not have to request registration.

What to do next

• Write down incidents with dates, places and what was said or done.
• Keep messages, photos, medical records and police file numbers.
• Note any weapons, substance use or recent separation, since these matter to the court.
• Contact the court registry about the right forms for your court.
• Keep a copy of the order with you once it is made, and tell police if it is breached.
• Speak with a lawyer about your situation, especially if children or a shared home are involved.

Remember the order generally ends after one year unless the court sets a different term, so note the date.

Frequently asked questions