- A Family Law Act protection order can only be made against a "family member", which covers spouses, former spouses, marriage-like partners, co-parents and some relatives.
- You do not have to be living with the other person, and you do not need another family case underway first.
- If the other person is not a family member, such as a dating partner or co-worker, a criminal peace bond may be the route instead.
If you are afraid of someone, one of the first questions is whether the law lets you ask a court to protect you. In British Columbia, the answer depends partly on your relationship with that person.
This article explains which relationships qualify for a protection order under the Family Law Act, who is allowed to apply, and what to consider if your situation falls outside the definition.
This article covers the law of British Columbia.
The test: a "family member" at risk of family violence
The Family Law Act allows a court to 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.
Part 9 orders are made only against a family member, so the relationship is the first hurdle.
Which relationships count
The Act defines a family member broadly. It is not limited to people who are married or who live together.
| Relationship | Counts as a family member? |
|---|---|
| Spouse or former spouse | Yes |
| Person living, or who has lived, in a marriage-like relationship | Yes |
| Parent or guardian of your child | Yes |
| Person who lives with you and is related to you | Yes |
| Your child, or a child living with or whose parent or guardian is one of these people | Yes |
| Dating partner who does not fit the above | No |
| Co-worker or stranger | No |
Whether you are a spouse is defined in the Act. You are a spouse if you are married, or if you have lived in a marriage-like relationship for a continuous period of at least 2 years or (except in Parts 5 and 6) have a child with the other person. A spouse includes a former spouse.
Do you have to live with the other person?
Not necessarily. A former spouse, a person who has lived in a marriage-like relationship, and the other parent or guardian of your child are all listed as family members, so a shared household today is not required for those relationships. Living together does matter for the relative category, which covers a person who lives with and is related to you.
Because the definitions have several parts, a borderline situation, such as a short relationship or a relative you lived with only briefly, is worth reviewing with a lawyer.
Who can apply, and where
An application may 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. An application can also be made without notice to the other person.
Both the Supreme Court and the Provincial Court have jurisdiction under the Family Law Act. The Provincial Court cannot make some kinds of orders, but it can still make a Part 9 order restricting access to a residence to protect a family member's safety. Legal Aid BC's guide says there is no court fee to apply in Provincial Court, and that a Supreme Court filing fee can be waived if you cannot afford it. The Supreme Court Family Rules forms include F54 for a protection order and F85 for an order to waive fees.
If the other person is not a family member
Dating partners, co-workers and strangers who are not a family member under the Act cannot be the subject of a Family Law Act protection order. A criminal peace bond under Criminal Code s 810 can be used against anyone.
For a peace bond, you must fear on reasonable grounds that the person will cause personal injury to you, your intimate partner or child, or damage property. If the fear is shown to be reasonable, the court may order the person to keep the peace and be of good behaviour for up to 12 months.
What to do next
- Write down your relationship with the other person, including whether you were married, lived together, or share a child.
- Record incidents with dates, what happened and any witnesses.
- Keep messages, photos, and any police file numbers together.
- If you are in immediate danger, contact police first.
- Speak with a lawyer or a legal aid service about whether to apply under the Family Law Act or seek a peace bond.
Frequently asked questions
Can I get a protection order against someone I only dated?
Only if they also fit the definition of a family member, for example because you lived together in a marriage-like relationship or share a child. A dating partner who is not a family member cannot be the subject of a Family Law Act protection order, but a criminal peace bond can be used against anyone.
Can someone else apply for me?
Yes. 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.
Do I need to have started a separation or parenting case first?
No. The Act says no other family proceeding is required before a protection order application.
Is a protection order the same as a peace bond?
No. A protection order comes from the Family Law Act and is made against a family member. A peace bond comes from the Criminal Code and can last up to 12 months.
Sources
- Family Law Act, s 1 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act, Part 9, s 183 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act, ss 192–193 (BC Laws) — bclaws.gov.bc.ca
- BC Supreme Court – Applications to Waive Fees package — bccourts.ca
- BC Government – Supreme Court Family Rules forms — www2.gov.bc.ca
- Criminal Code, s 810 — Justice Laws (federal)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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