Family violence and protection orders in BC: what they are and how to get one

If you are reading this because you are afraid of someone in your family, you are in the right place. We help BC families navigate protection orders every day, from our offices in Victoria, Nanaimo, Vancouver, and Surrey, and by video across the province. This article walks you through what counts as family violence under BC law, how protection orders work, how to apply for one, and what to do if you are in danger right now.

What “family violence” actually means under BC law

The Family Law Act defines family violence broadly, and the definition is wider than most people expect. It is not limited to physical assault. Under section 1 of the Act, family violence includes:

• Physical abuse, including forced confinement or deprivation of food or water.
• Sexual abuse.
• Attempts to physically or sexually abuse a family member.
• Psychological or emotional abuse, including intimidation, harassment, coercion, and threats.
• Unreasonable restrictions on a family member’s financial or personal autonomy.
• Stalking or following.
• Intentional damage to property.
• Directly or indirectly exposing a child to any of the above.

BC courts have recognized derogatory language, threatening texts, controlling behaviour, and exposure of a child to conflict as family violence in the right circumstances. Self-defence is specifically excluded from the definition.

You do not need bruises to qualify. If a pattern of behaviour is making you fear for your safety or the safety of your children, you may be experiencing family violence under BC law.

Who can apply: “at-risk family members”

Section 182 of the Family Law Act defines who can be protected by a protection order. The list of “family members” is broad. It includes:

• A current or former spouse, including common-law partners.
• A person you live with or have lived with in a marriage-like relationship.
• A parent or guardian of your child.
• A relative who lives with you, or a relative of your spouse or partner who lives with them.
• Children in the care of any of the above.

You do not need to be married, divorced, or even currently living with the person to apply.

What a protection order actually does

Under section 183 of the Family Law Act, a judge can include a wide range of terms in a protection order. The most common include:

• No direct or indirect contact with you or your children, including through third parties or social media.
• No going within a specified distance of your home, workplace, school, or your children’s school or daycare.
• Removal of the other person from a shared home, even if they own or co-own the property (this is called exclusive occupation).
• Surrender of firearms and weapons to police.
• No following, watching, or stalking, including electronic surveillance.
• Police accompaniment to retrieve personal belongings safely.
• Any other terms the judge considers necessary to protect you.

Protection orders default to one year, unless the court specifies a different length. In serious cases, the court can make the order indefinite. Before an order expires, you can apply under section 187 to extend, change, or terminate it.

The legal test: “family violence is likely to occur”

To grant a protection order, the court has to be satisfied that family violence is likely to occur and that you are an at-risk family member. “Likely” does not mean certain. The court weighs the seriousness of the potential harm against the evidence in front of it. A single severe past incident can be enough if the judge believes another incident is reasonably possible.

Section 184 of the Act lists the risk factors a judge considers, including:

• History of family violence by the other party.
• Whether the violence is repetitive or escalating.
• Whether the violence is part of a pattern of coercive and controlling behaviour.
• Recent separation or pending separation.
• Substance abuse or mental health issues that affect risk.
• Access to weapons.
• Past breaches of court orders or no-contact conditions.
• Threats to harm or kill you, your children, pets, or themselves.

Family Law Act protection orders vs. Criminal Code peace bonds

BC has two main legal tools for safety. They sit in different court systems and do slightly different things.

Family Law Act protection orders (section 183)

Granted by a judge in BC Provincial Court or Supreme Court as part of a family law proceeding. The focus is on preventing future family violence between people in a family relationship. You do not have to wait until a criminal charge has been laid. You do not have to be ready to start a divorce or parenting application. You can apply for a protection order on its own.

Criminal Code peace bonds (section 810)

Granted by a Provincial Court judge in criminal court. The focus is on preventing future harm where someone has reasonable grounds to fear another person, regardless of family relationship. Peace bonds are also called “810 recognizances” or “no-contact orders.” Breaching one is a criminal offence.

In many family situations, a Family Law Act protection order is the right tool, and that is what this article focuses on. Your lawyer can help you decide which one fits your situation, or whether you need both.

How to apply for a protection order

You can apply in either BC Provincial Court (Family Division) or BC Supreme Court. Most protection order applications happen in Provincial Court because the process is generally faster and less expensive. Supreme Court is often used when the protection order is part of a larger Supreme Court family file already under way.

The basic steps:

• File the application materials at the court registry, including a notarized affidavit describing the family violence and why you fear it will continue.
• Attach supporting evidence (texts, emails, photos, medical records, police reports, witness statements).
• Attend the court hearing. Many protection order hearings happen quickly, sometimes within a few days, sometimes the same day for genuine emergencies.
• If the order is granted, the order is registered on a national police database (CPIC) so any officer responding to a call can see the terms.

Urgent or “emergency” applications

People often search for “emergency protection order BC.” Strictly speaking, BC does not have a separate emergency protection order category like Alberta does. What we have is a single protection order under the Family Law Act, which can be applied for on a regular basis or on an urgent basis.

Urgent applications can be heard quickly, sometimes the same day. They can also be made “without notice” to the other party, called an ex parte application. Without-notice applications are not the default. BC courts have been clear that they should be reserved for genuine emergencies, where giving the other party notice would either delay critical protection or make the situation more dangerous.

If an order is granted without notice, the other party has the right to come back to court and ask for it to be changed or set aside once they have been served.

After the order is granted

Once the order is signed and entered, several things happen quickly.

• The order is added to the CPIC police database, so any officer responding to a call can verify the terms in real time.
• The respondent must be served with the order. The order is enforceable once they have notice of it.
• You should keep a copy of the order with you at all times, including a digital copy on your phone.
• Tell anyone who needs to know: your children’s school or daycare, your workplace security, building managers, and trusted family or friends.

What happens if the order is breached

Breach of a protection order is a criminal offence under section 127 of the Criminal Code. If you believe the order has been breached, call 911. Police can arrest the person without a warrant if they have reasonable grounds to believe a term has been broken.

Document every breach: time, date, location, what happened, and any witnesses. Save threatening texts, voicemails, and emails. This documentation helps both criminal prosecution and any further family law applications.

What helps your application

Strong applications have a few things in common.

• A clear, chronological affidavit describing specific incidents with dates, locations, and details.
• Supporting documentation: police reports, hospital records, photos of injuries or property damage, threatening messages, witness statements.
• Evidence of escalation, recent threats, or recent separation, which all increase the risk profile under section 184.
• Honesty about anything the other party might raise. Judges value credibility, and your lawyer can help you address difficult points head-on.
• A focused, specific request. The clearer you are about what protection you need, the easier it is for the judge to grant it.

How Pathway Legal helps in protection order matters

Our approach to these files is built on the same P.A.T.H. method we use across the firm: Practical, Action-Oriented, Trustworthy, and Heart-Centred.

• Practical. We focus on what will actually keep you safe and create stable structure. We do not pile on unnecessary terms that the court will not grant.
• Action-Oriented. We move fast when speed matters. Urgent applications happen on a clock, and we treat that clock seriously.
• Trustworthy. You see the work as it happens. You know what is being filed, what to expect at court, and what the order will and will not do.
• Heart-Centred. We support the human while we run the legal strategy. Family violence files are hard. We do not forget that.

Resources beyond the legal system

Legal protection is one piece of safety. There are organizations across BC that provide shelter, counselling, safety planning, and ongoing support.

• VictimLink BC: 1-800-563-0808. Available 24/7 in over 130 languages. Crisis support, safety planning, and referrals.
• BC Society of Transition Houses: bcsth.ca. Shelter and transition support across the province.
• Battered Women’s Support Services (Vancouver): bwss.org. Crisis line: 604-687-1867.
• Ending Violence Association of BC: endingviolence.org. Province-wide directory of services.
• Your local police non-emergency line for safety planning conversations.

Pathway Legal Law Corporation, Family Law Lawyers. All rights reserved Val Hemminger

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