Protection Orders in British Columbia Family Law by Pavan Dhaliwal

Protection orders are a legal tool available under the Family Law Act in British Columbia to ensure the safety of individuals facing family violence. These court orders can place restrictions on a family member who is likely to engage in violent, threatening, or harassing behaviour. 

In BC, family law protection orders can restrict an individual from contacting you, require them to stay away from your home or workplace, prohibit them from possessing weapons, and establish other conditions necessary for safety. The process to obtain these orders depends on which court you use.

Provincial Court is a more accessible option for protection orders. There are no filing fees, the process is less formal, and there are more courthouse locations throughout BC. To apply in Provincial Court, you need Form 12 (Application About a Protection Order).

Supreme Court becomes the better choice when you're already handling divorce or property matters there. However, the downside is that this court charges filing fees, is more difficult for non-lawyers to navigate, and has fewer locations. Supreme Court applications require a Notice of Family Claim (Form F3), Notice of Application (Form F31), and an Affidavit (Form F30) to obtain a protection order. 

When applying for a protection order, you have several options regarding notice to the other party. Standard applications provide normal notice periods. Urgent applications shorten that time when safety is a more immediate concern. In high-risk situations, "without notice" applications can be made when notifying the other party could increase danger.

Legal representation isn't required but can substantially improve your chances of success. If hiring a lawyer isn't financially possible, check your eligibility for Legal Aid. 

Courts evaluate protection order applications based on several key factors: history and patterns of violence, whether risk is escalating, evidence of controlling behaviors, financial dependency issues, substance abuse concerns, and vulnerabilities such as pregnancy or immigration status. The evidence presented needs to demonstrate a genuine need for protection.

Once a protection order is granted, it takes immediate effect and usually lasts for one year. Keep a copy with you at all times, and if children are included in the order, provide copies to their schools and caregivers. Any violation of the order should be reported to police immediately, as breaches constitute a criminal offense that can result in arrest.

At PGS Law, we have extensive experience assisting clients with protection orders. Whether you're seeking urgent protection or long-term legal support, our team is here to guide you with care. Reach out today to speak with a member of our compassionate legal team.

The information in this blog is provided for informational purposes only and does not constitute legal advice. No lawyer-client relationship is created by reading or relying on this content. If you require legal advice, please consult a qualified family law professional about your specific situation.