Protection Order in Provincial Court or Supreme Court in BC?

If you need a protection order, one early question is which court to go to. In British Columbia, you may be able to apply in either the Provincial Court or the Supreme Court.

This article explains how the two courts differ, what an existing family case changes, and what to think about before you file. It is general information; a lawyer can confirm the right fit for your situation.

This article covers the law of British Columbia.

What a protection order is and who can ask

A court may make a protection order against a family member if it determines that family violence is likely to occur and the other family member is an at-risk family member. 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, and no other family proceeding is required first.

Family violence under the Family Law Act includes physical abuse, including forced confinement or deprivation of the necessities of life, sexual abuse, and attempts at either. It also includes psychological or emotional abuse, such as intimidation, harassment, coercion, threats, stalking and intentional damage to property, and unreasonable restrictions on a family member's financial or personal autonomy. For a child, direct or indirect exposure to family violence is itself family violence.

A family member means a spouse or former spouse, a person living or who has lived in a marriage-like relationship, a parent or guardian of the person's child, a person who lives with and is related to the person, or 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, but a criminal peace bond under Criminal Code s 810 can be used against anyone.

In deciding whether to make an order, the court must consider, among other things, the respondent's history of violence, whether violence is repetitive or escalating, coercive or controlling behaviour, and the applicant's perception of risk and vulnerability.

An application may be made without notice to the other person. If so, the person it is made against can apply to set the order aside, or to change or terminate it.

What each court can do

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 s 193(2).

The Provincial Court cannot make orders under Parts 3, 5 (except respecting a companion animal), 6 or 8. Even so, it can make a Part 9 order restricting access to a residence to protect a family member's safety.

When an existing family case matters

Because no other family proceeding is required first, you do not need an existing case to apply. If you already have a Supreme Court family case, or you also need orders only that court can make, such as exclusive occupation of the family residence for a spouse, the Supreme Court may be the natural place. Whether it is the better route depends on your facts, so ask a lawyer.

If a protection order conflicts with another order under the Act, the other order is suspended to the extent of the conflict until it is varied or the protection order ends.

Forms, length and enforcement

• Supreme Court Family Rules forms include F54 (protection order), F54.1 (order terminating a protection order) and F85 (order to waive fees).
• Unless the court provides otherwise, an order expires one year after it is made.
• An application to extend, change or end an order must be made before it expires, though a new application can be made afterward.
• Police with reasonable and probable grounds to believe a term was contravened may act to enforce it, whether or not there is proof of service.
• Disobeying a lawful court order can be an offence under Criminal Code s 127.

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.

Under Criminal Code s 810, if you fear on reasonable grounds that someone will cause personal injury to you, your intimate partner or child, or damage property, you may lay an information, and if the fear is shown to be reasonable the court may order a recognizance to keep the peace for up to 12 months.

What to do next

• Gather dates, messages, photos and police file numbers showing the risk.
• Ask the court registry about local steps and forms before filing.
• Consider whether you also need orders only the Supreme Court can make.
• Ask about fee waiver if the Supreme Court filing fee is a barrier.
• If you are in immediate danger, contact emergency services.

Frequently asked questions