Is There a Fee to Apply for a Protection Order in BC?

Cost should never stop someone who is afraid from looking into protection. Legal Aid BC's guide says there is no court fee to apply for a protection order in Provincial Court, and a Supreme Court filing fee can be waived if you cannot afford it.

This article explains what is generally said about fees in the Provincial Court and the Supreme Court of British Columbia, and what other costs to think about. Current fee amounts should be checked with the court registry.

This article covers the law of British Columbia.

Provincial Court

Legal Aid BC's guide says there is no court fee to apply for a protection order in Provincial Court. The Provincial Court has jurisdiction over matters under the Family Law Act, with some limits. It can also make a protection order restricting access to a residence to protect a family member's safety.

The main limit is that the Provincial Court cannot make orders under Parts 3, 5 (except respecting a companion animal), 6 or 8 of the Act. A protection order is made under Part 9, so that limit does not stop the court from keeping a person out of a home to protect someone's safety.

Supreme Court

Supreme Court filing carries a fee that can be waived if the person cannot afford it. The BC Supreme Court fee-waiver package says an order to waive fees covers Schedule 1 fees under the Supreme Court Family Rules. The dollar amount changes over time, so check the current fee schedule or ask the registry.

The Supreme Court Family Rules forms include F54 for a protection order and F85 for an order to waive fees.

The Supreme Court has jurisdiction over all matters under the Family Law Act. Which court suits your situation depends on what else you need, so it is worth talking it over with a lawyer or legal aid before you choose.

Who can apply, and what an order can do

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 may be made by the at-risk family member, by another person on their behalf, or by the court on its own initiative.

A family member includes a spouse or former spouse, a person who lives or has lived in a marriage-like relationship, and a parent or guardian of the person's child. Dating partners, co-workers or strangers who are not a family member under the Act cannot get a Family Law Act protection order against that person, although a criminal peace bond under Criminal Code s 810 can be used against anyone.

A protection order can include terms such as these:

• Restraining contact and communication.
• Restricting attendance at specified places.
• Directing police to remove, accompany or seize items, such as weapons.
• Requiring reporting, and other terms the court considers necessary.

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 the court to set aside the order or to change or terminate it.

Other costs to think about

• Photocopying and printing of your evidence and forms.
• Travel to the courthouse and time off work.
• Child care on hearing days.
• A lawyer, if you choose to hire one. Some people get help from legal aid or other services; ask what you may qualify for.
• Costs of related applications, such as parenting or property matters, which may carry their own fees.

No other family proceeding is required before you apply for a protection order, so you do not need to start a larger case just to get one.

After the order is made

Unless the court provides otherwise, a protection order expires one year after the date it is made. The court can set a different term, and a party can apply to shorten, extend, change or end the order. An application to extend, change or end an order must be made before it expires, but after expiry a person may still make a new application for a protection order.

If a police officer has reasonable and probable grounds to believe someone has broken a term of a protection order, the officer may take action to enforce it, whether or not there is proof the order was served. Disobeying a lawful court order without lawful excuse is a criminal offence under Criminal Code s 127, and the Supreme Court form F54 carries a warning to that effect.

Protection orders are also recorded in the Protection Order Registry, a confidential database that police can check at any time of day or night. Court staff usually enter orders in the registry the same day a judge signs them, so the protected person does not have to request registration.

What to do next

• Call or visit the registry of the court you plan to use and ask about current fees.
• If you choose the Supreme Court and cannot afford the fee, ask about the fee-waiver application and form F85.
• Gather your evidence before you file.
• Keep receipts for any costs in case they matter later.
• Ask the registry whether any other steps apply to your application.
• Ask a lawyer or legal aid about help with the application.

Frequently asked questions