How To Get A Family Law Protective Order in BC

British Columbia’s Family Law Act provides essential protections for spouses, partners, and children against family violence, threats, harassment, or other forms of abuse.

Protective orders are issued by the B.C. courts when urgent safeguards are needed against an abusive family member and impose a series of restrictions on the abuser. This can greatly affect family relationships, so it is important to fully understand the implications before applying for such orders.

For anyone requiring urgent protection from an abusive family member, call 604-776-5698. Meanwhile, here’s what families need to know about protective orders, restraining orders, and peace bonds in B.C.

What is a family law protection order in BC?

Family law protection orders are civil orders issued when individuals or their representatives (the applicant) apply to the court for protection from abusive individuals in the same family (the respondent).

Protective orders are issued by the Provincial Court or Supreme Court in B.C. Provincial orders are issued under BC’s Family Law Act if the court deems that there is a risk of violence based on the available evidence.

Such orders are usually very specific, with a named individual in the family restricted from certain activities and ordered to follow a series of conditions. Examples of these conditions include:

• Staying a certain distance away from the home, workplace, school, or other places frequented by the applicant or their children.
• Not contacting the applicant, the applicant’s children, or other family members by phone, email, or social media.
• Not following or “stalking” the applicant, the applicant’s children, or other family members.
• Not possessing a weapon.

In some cases, the respondent must be accompanied to the family home by a police officer to collect belongings as the first step in enforcing the protection order.

What is family violence in BC?

Family violence has a broad definition in British Columbia. It includes any conduct by a member of the same family or household that is violent, threatening, coercive, controlling, or that causes fear for personal safety or the safety of others.

Importantly, physical violence is only one form of family violence. Other examples include:

• Threats, intimidation, or coercion against people, pets, or property.
• Sexual, emotional, or psychological abuse.
• Stalking or harassment through social media, text, email, phone, or in person.
• Financial abuse.
• Property damage.
• Exposure of children to family violence.

How to apply for a family law protection order in BC

If you or another family member is a victim of family violence, you can seek a family law protection order from the court.

To do so, you’ll need to submit the appropriate court form with an affidavit. The affidavit is a sworn statement detailing your personal living situation and the nature of the relationship and abuse. You’ll also need supporting documents, including police reports, photographs, medical records, etc.

This process can be intimidating for individuals without the appropriate experience. Many people seeking a protective order work with a family lawyer, who can protect their legal rights, outline the options available, submit the necessary documentation to the court, and provide representation at hearings.

If there are immediate safety concerns, your lawyer may request that no notice of the order request be served. This can speed up the process, and the subject of the legal action will not be aware of the action until after the order is granted.

What happens after a protection order is granted in BC?

After the judge grants the protection order, what happens next depends on the type and precise terms and conditions of the order.

The person named in the order will be informed of the conditions and is required to comply with them for the duration of the order period.

Protection orders last for a specified period deemed necessary by the judge. This is often up to three months initially, but the period can be extended to six months or beyond if risks persist.

Ex parte (urgent or emergency) orders without notice typically last until a hearing, usually within eight days unless extended.

If the individual violates the order terms, he/she can be arrested if the police are made aware of the violation (even though the original protection order is a civil order).

Police have access to the Protection Order Registry to verify details, and they can help enforce compliance.

If, even after the protection order is issued, the applicant feels threatened by the individual concerned or is assaulted, he/she should call 911 and seek police assistance.

How long does it take to get a protection order in BC?

The time it takes to obtain a protection order in British Columbia varies based on urgency.

If there is an imminent risk of family violence, a judge can issue a family law protection order the same day without notifying the other party or holding a full hearing. “Without notice” applications are heard as soon as possible, with judges usually prioritizing them.

In standard situations, applicants file forms at the Provincial Court, serve the other party with at least seven days’ notice, and attend a hearing scheduled by the court.

Types of restraining orders in BC

Family law protection orders are sometimes referred to as “restraining orders” in B.C.

True “restraining orders” do not exist separately as distinct civil orders in B.C. family law. They usually refer to family protection orders.

To obtain this type of order, as outlined above, a family member must have a reasonable fear of harm and apply to the court to “restrain” the actions of the family or household member concerned.

Peace bonds in BC

Like family law protection orders, peace bonds are sometimes referred to as “restraining orders” in B.C.

Peace bonds are, however, criminal orders rather than civil. They are issued under the Criminal Code for general threats from anyone, i.e., in non-family situations. Typically, peace bonds are issued where there is a credible threat of harm, harassment, or stalking but not enough evidence for criminal charges to be laid.

If the terms of the peace bond are violated, criminal charges may subsequently be laid against the defendant.

Any person can apply for a peace bond against any other person in B.C., provided sufficient evidence is presented. Matters should be reported to the police, who will forward a report to the Crown counsel. If there is enough evidence for the matter to proceed, a hearing date will be set. 

Even if the Crown counsel does not pursue the case, a criminal defence or family lawyer can help you apply for a peace bond independently through an Information with a Justice of the Peace in Criminal Court.

If you are in the Langley area of British Columbia and need legal assistance with a protective order, DSG Family Law offers a confidential and free initial consultation to assess your situation and outline your legal options. Speak with our skilled family lawyers today.