British Columbia Law
Protection Orders in BC — How to Get One and What It Covers
If you are in immediate danger from a partner, spouse, or family member, BC law provides tools to protect you quickly. Protection orders under BC's Family Law Act can restrict where a person may go, prevent contact, and remove someone from a shared home — sometimes within hours. Here is how the process works.
What is a protection order?
A protection order (also called a restraining order in other contexts) is a court order that:
• Prohibits a person from contacting you, your children, or named family members
• Restricts where a person can go (your home, workplace, children's school)
• Can require a person to leave the family home immediately
• Can restrict communication including phone, text, email, and social media
• Is enforceable by police — breach is a criminal offence
In BC, there are several types of protective orders under different laws depending on the urgency and circumstances.
Types of protective orders in BC
1. Protection Order (Family Law Act)
The most common tool in family law situations. Available when there is a risk of family violence. Can be granted:
• With or without notice to the other party (without notice in urgent situations)
• At any stage of family court proceedings
• As a standalone application without an existing court file
The court must be satisfied that family violence has occurred or is likely to occur and that the order is needed to protect the person or the children.
2. Emergency Protection Order (EPO)
An Emergency Protection Order is available 24 hours a day through RCMP or local police. It can be granted by a Justice of the Peace by telephone — you do not need to go to court in person.
An EPO:
• Can be granted within hours of calling police
• Removes the abuser from the family home immediately
• Restricts contact with you and the children
• Lasts for a short period (usually days) until a court hearing can be scheduled
EPOs are specifically designed for immediate danger situations where there is no time to wait for a court appearance.
3. Peace Bond (Criminal Code)
A peace bond is a criminal law tool — separate from family law — that a court can impose when someone has reasonable grounds to fear for their personal protection. It:
• Requires the person to "keep the peace" and abide by conditions
• Can restrict contact and communication
• Does not require a criminal conviction
• Is enforceable by criminal law (breach is a criminal offence)
Peace bonds are obtained through the criminal court system, often with the assistance of Crown Counsel, whereas family law protection orders are civil proceedings.
4. No-Contact Conditions in Bail Orders
If your abuser has been criminally charged and is in custody or released on bail, the court can impose no-contact conditions as part of the bail order. These conditions are immediate and enforced by the criminal justice system.
Who qualifies for a family law protection order?
Protection orders under the Family Law Act are available to protect "family members," which includes:
• Married or common law spouses (including same-sex)
• Former spouses and partners
• People who have a child together
• A child of any of the above
• Any person living in the same household, whether or not related
You do not need to be legally married. Common law partners, dating partners who share a home, and even relatives can all apply.
What counts as "family violence" in BC?
BC's Family Law Act defines family violence broadly:
• Physical abuse (hitting, pushing, throwing objects)
• Sexual abuse or exploitation
• Psychological and emotional abuse (intimidation, coercion, controlling behaviour, threats)
• Financial abuse (controlling access to money, preventing work)
• Harassment and stalking (repeated unwanted contact, surveillance)
• Threats against you, your children, or your pets
• Destroying property
• Killing or harming a pet (this is explicitly included in BC's definition)
You do not need a physical injury to qualify. Threats, intimidation, harassment, and emotional abuse can all support a protection order application.
How to apply for a protection order
Step 1: Decide which route fits your situation
If you are in immediate danger: Call 911 or your local police and ask about an Emergency Protection Order. You do not need a lawyer — police and a Justice of the Peace handle this.
If you are not in immediate danger but need court protection: File an application in BC Provincial Court (Family Division) or BC Supreme Court. You can apply without a lawyer but legal advice is strongly recommended.
Step 2: Complete the application
You will need to prepare:
• A Notice of Family Claim or Application (depending on court)
• A sworn affidavit describing the violence or threats — with specific incidents, dates, and details
• Any supporting evidence (photos of injuries, text messages, emails, witness statements, police reports)
Step 3: Seek an urgent (without-notice) order if needed
If you need protection right away and telling the other party in advance would put you at risk, you can ask the court for an order "without notice" (also called an ex parte order). The court can grant this based solely on your affidavit, without the other party being present. The order will then be served on them.
Step 4: Serve the order
Once granted, the order must be served on the protected person (the person it restricts). Police or a process server can do this. The order is not enforceable until it is served.
Step 5: Register the order with police
Bring a copy of the order to your local RCMP or police detachment so they have it on file. If the order is breached, police can act immediately.
What happens if the order is breached?
Breaching a protection order is a criminal offence under BC's Family Law Act and the Criminal Code. Consequences can include:
• Arrest and criminal charges
• Bail conditions or imprisonment
• A criminal record
If the order is breached, call 911 immediately. Do not handle it yourself. Police have authority to arrest without a warrant when a protection order is breached.
How long does a protection order last?
• Emergency Protection Orders: short-term (days) until a court hearing
• Family law protection orders: the court sets the duration — often 1 year, can be renewed
• Peace bonds: typically up to 12 months, can be renewed
You can apply to renew or vary a protection order before it expires if you still need protection.
What if I share children with the person?
A protection order does not automatically end parenting time arrangements. However, the court can:
• Suspend or reduce the other parent's parenting time
• Order supervised parenting time only
• Specify safe exchange locations (police station, neutral third party)
• Prohibit overnight visits
The court's priority is always the child's safety. Parenting time will not be ordered in a way that puts a child at risk.
Resources for immediate help
If you or your children are in danger:
• Emergency: Call 911
• VictimLinkBC: 1-800-563-0808 (free, confidential, 24/7)
• BC Society of Transition Houses: bcsth.ca — shelter referrals across BC
• Legal Aid BC: lss.bc.ca — funded legal advice for family violence situations
• BC Courthouse Libraries: courthouselibrary.ca — self-help resources
At Sea to Sky Law™
Andrew Liggett has helped many BC clients navigate protection orders, restraining orders, and emergency applications during family crises. We understand that urgency matters — we prioritisize these situations and can advise quickly on the best course of action for your circumstances.
If you are in a situation that requires legal protection, contact us for a free intake call. We will assess your situation honestly and help you understand your options under BC law.
This article is for general information only and does not constitute legal advice. If you are in immediate danger, call 911.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.