British Columbia Law

Emergency Protection Orders in BC: How to Get One

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

If you are in immediate danger, call 9-1-1.

This article explains Emergency Protection Orders in BC — what they are, how to get one, and what to expect at each stage of the process. It is intended to help people understand their legal options when they or their children face a risk of family violence.

Two Types of Protection Orders in BC

British Columbia's *Family Law Act* (Part 9) creates two distinct types of protection orders for family violence situations:

Emergency Protection Order (EPO)

An EPO is available 24 hours a day, by phone or secure video, including nights, weekends, and holidays. It is designed for situations where the risk is immediate and there is no time to wait for the court to open. You do not need a lawyer to get an EPO.

An EPO is granted without notice to the respondent — meaning the person you need protection from does not need to be told or given a chance to respond before the order is made. The court acts on your evidence alone.

Protection Order

A Protection Order is obtained during regular court hours by filing an application at a BC Provincial Court or BC Supreme Court. It follows a more formal process but can last longer and include more detailed conditions. A Protection Order is what an EPO often converts into after the emergency hearing.

Who Can Get an Emergency Protection Order?

EPOs are available to protect people from family violence committed by a family member. Under the FLA, "family member" includes:

• A spouse or former spouse (married or common-law)
• A person you are in a dating relationship with
• A parent of your child
• A sibling
• Any person who lives with you in a family relationship

"Family violence" under the FLA includes physical abuse, sexual abuse, psychological or emotional abuse, harassment and stalking, damage to property, financial abuse, and threats of any of the above.

How to Get an EPO Outside Court Hours

Outside court business hours (nights, weekends, and statutory holidays), the process works through police:

1. Call your local RCMP or police detachment — or call 9-1-1 if you are in immediate danger
2. A police officer will take a report and can contact a justice of the peace by telephone on your behalf
3. The justice of the peace can grant an EPO by telephone based on the officer's report and your account
4. The EPO is then served on the respondent by police

You do not need to go to a courthouse. You do not need a lawyer. The police assist you through the process.

How to Get an EPO During Court Hours

If it is a business day and the courts are open, you can apply directly at a BC Provincial Court courthouse:

1. Go to the courthouse and tell registry staff you need an urgent protection order
2. You will complete an application form — court staff can help you with the paperwork
3. A judge or justice of the peace reviews your application, usually the same day
4. The order can be granted without the respondent present

You may want to bring a support person with you. Victim Services workers — often available at or through the courthouse — can accompany you and help you understand the process.

What to Bring

When applying for an EPO, bring as much evidence as you can, including:

• A written account of recent incidents of violence or threats (dates, what happened, witnesses if any)
• Any threatening text messages, voicemails, emails, or social media messages
• Photos of injuries or property damage
• Medical records or police reports if you have previously reported incidents
• Names and dates of birth of any children you want included in the order

You do not need "proof beyond a reasonable doubt." The standard for an EPO is that the judge or justice believes there is an immediate risk of family violence. Your account is the primary evidence.

What an EPO Can Order

An EPO can include any of the following conditions:

• No contact: The respondent cannot contact you by any means — phone, text, email, social media, through third parties
• No communication: A broader prohibition on any form of communication
• Stay-away order: The respondent must stay a specified distance from your home, workplace, or children's school
• Exclusive occupation: The respondent must leave the family home and cannot return — even if they are on the lease or the title
• Surrender of weapons: The respondent must surrender firearms, prohibited weapons, or ammunition to police
• Child protection: Children can be named in the order to prohibit the respondent from contacting or approaching them

Duration of an EPO

An EPO is temporary. It lasts until a scheduled court hearing — usually within a few business days. At that hearing, the court considers whether to:

• Dismiss the EPO (if the evidence does not support it)
• Continue the EPO while further evidence is gathered
• Replace it with a full Protection Order under FLA Part 9

A full Protection Order can last up to one year and can be renewed. In serious cases involving a pattern of violence, courts can grant longer orders.

At the Court Hearing

The court hearing is your opportunity — and the respondent's opportunity — to present evidence. You should consider having a lawyer represent you at this hearing.

At the hearing:

• You present your evidence of family violence (your testimony, documents, photos)
• The respondent has the right to respond and present their own evidence
• The judge decides whether to make a Protection Order and on what terms

If the respondent has a lawyer, it is especially important that you do too. Legal Aid BC provides assistance for family violence matters — contact them at 1-866-577-2525 to find out if you qualify.

After the Order: Enforcement

Once a Protection Order is in place:

• Keep a copy of the order with you at all times
• Give copies to your children's school, your workplace, and anyone who needs to know
• If the respondent breaches the order, call 9-1-1 — breach of a protection order is a criminal offence under the *Criminal Code of Canada*, and the respondent can be arrested

The existence of an EPO or Protection Order does not prevent you from also pursuing a civil family law file — property division, parenting arrangements, and support can all proceed alongside a protection order.

Safety Planning Resources in BC

If you are experiencing family violence, the following resources are available:

• BC Domestic Violence Helpline: 1-800-563-0808 (24 hours)
• Battered Women's Support Services: 604-687-1867 (Metro Vancouver)
• VictimLink BC: 1-800-563-0808 (24/7 multilingual support)
• Legal Aid BC: 1-866-577-2525
• Police / Emergency: 9-1-1

For more information about family law in BC generally, including your rights during separation, see our Family Law overview.

Book a confidential consultation with a member of our team. We advise clients across BC, including virtually, and handle all family law matters with discretion.

*This article is for general information only and does not constitute legal advice. In an emergency, call 9-1-1. For advice specific to your situation, consult a qualified BC family lawyer or contact Legal Aid BC.*

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.