Family law protection orders are an essential legal safeguard under British Columbia’s Family Law Act, designed to protect individuals and children from family violence, threats, harassment, or emotional abuse.
These court orders can provide urgent safety measures by placing clear legal boundaries on an abusive partner or family member.
At Legalbird, our experienced family lawyers help clients understand their rights, navigate the protection order process, and take immediate steps to stay safe. Whether you are seeking a protection order for the first time or need help enforcing one already in place, knowing your options under BC family law can empower you to act quickly and confidently.
What Is a Protection Order in BC?
A protection order, sometimes referred to as a restraining order, is a court order issued by a judge to protect an individual from potential future violence.
It typically includes conditions that the named individual must follow, such as:
- Staying away from your home, workplace, school, or other places where you, your children, or family members spend time
- Not contacting you, your children, or other family members through phone, email, or social media
- Not following or stalking you, your children, or other family members
- Not possessing a weapon
A protection order may also authorize police assistance, including accompanying you to collect personal belongings or requiring the individual to leave the family home.
Family Law Protection Orders
Family law protection orders in British Columbia are issued under the Family Law Act to help protect individuals from family violence, including physical harm, threats, harassment, and psychological abuse. To grant a protection order, the court must be satisfied that family violence is likely and that the applicant or their children are at risk.
These are civil orders, not criminal charges, and can be requested on their own or together with other family law matters in either Provincial or Supreme Court. A protection order may place legal restrictions on the other person’s contact, communication, or physical proximity to the applicant or children.
Understanding Family Violence
Family violence includes any conduct by a family member that is violent, threatening, coercive, controlling, or that causes fear for personal safety or the safety of others. Examples include:
- Physical, sexual, emotional, or psychological abuse
- Attempts to physically or sexually harm a family member
- Threats, intimidation, or coercion against people, pets, or property
- Stalking or harassment through social media, text, email, phone, or in person
- Financial abuse or unreasonable restrictions on autonomy
- Property damage
- Exposure of children to family violence
Who Qualifies as a Family Member in BC?
Under the Family Law Act, protection orders may be sought against:
- Current or former spouses
- Partners in a marriage-like relationship, regardless of duration
- The other parent or legal guardian of your children
- Relatives of a spouse or children’s other parent who live with them
- Your own relatives who live with you
- Your children
Applying for a Family Law Protection Order in BC
Applications require submission of the appropriate court form with an attached affidavit detailing your situation. Supporting documents, such as police reports, photographs, and medical records, should also be included. Key components of the affidavit include:
- Relationship Details: How you know the individual, living arrangements, marriage or separation dates, children’s names and living arrangements
- Incidents of Family Violence: Dates, locations, description of events, police involvement and file numbers, presence of children
- Supporting Documentation: Court orders, written agreements, police reports, medical records, photographs, or other relevant evidence
If you are concerned for your safety, legal professionals can help you apply for the order without notice, meaning the individual will not be informed until after the order is granted.
What Happens After the Protection Order Is Granted?
Once granted, the individual named in the protection order must comply with the terms immediately. Breach of the order can result in arrest and other significant legal consequences.
Police have access to the confidential Protection Order Registry to enforce compliance. Family protection orders typically last for one year unless the court determines a longer or shorter period is appropriate.
When to Call 911
Violence may escalate under certain circumstances, such as recent separation, pending legal action, or pregnancy. Call 911 immediately if:
- You are threatened or assaulted
- The individual has a history of threats, stalking, extreme jealousy, choking, or abuse toward pets
- You feel unsafe, even if an assault occurred hours, days, or months earlier
Timing and Costs Associated with a Protection Order in BC
The time to obtain a protection order depends on documentation preparation, lawyer availability, and court scheduling. Urgent cases may be resolved within a week, while standard applications typically take a few weeks.
Costs vary based on:
- the complexity of the case,
- number of incidents,
- involvement of children, and
- whether other court orders are filed simultaneously.
Average legal costs for a family law protection order in British Columbia range from $2000 to $4000.
Request Legal Guidance From A Skilled Family Lawyer
Family law protection orders are essential for safeguarding individuals and families from violence, threats, and emotional harm. Understanding your legal rights and taking swift action can make all the difference in ensuring your safety and the safety of your loved ones.
At Legalbird, our experienced family lawyers, led by Benti Atwal, are here to guide you through every step of the protection order process with care, clarity, and urgency. If you believe you or your children are at risk, do not wait. Contact us today for a free 30-minute case evaluation and get the legal support you need to move forward safely.
