You can apply for a family law protection order in Provincial Court or Supreme Court. Once you choose which court you want to appear in, you have to fill out the necessary court forms. The forms are available online (Provincial Court forms) or (Supreme Court forms), or at the Provincial courthouse in or near your community. In the chart below, there are some things to consider when deciding which court to use:

	Provincial Court	Supreme Court
	Simpler and less formal process. Better use of the hours given to a legal aid lawyer.	More complex and formal.
	No court fee.	Unless you qualify for legal aid, you must pay a court ​“filing” fee of about $280 (or $80 if you already have a case started in Supreme Court). If you can’t afford the court fee, you may be able to have the fee waived.
	At Provincial Court hearings, you give evidence in person. Your application also serves as an affidavit.	For Supreme Court hearings, you prepare a separate affidavit to give your evidence, in addition to your application.
	More locations around the province. More access to duty counsel to help you.	Fewer locations.

In either court, you can apply for a family law protection order:

• on its own, or
• at the same time as you apply for parenting or support orders.

In Supreme Court, you can also apply at the same time as any divorce or property orders.

Even if you have other family law matters, the protection order will only include terms to protect your safety. 

(You’re allowed to have a file open in both courts if each court is dealing with different issues.)

Remember: If you’re in immediate danger, call the police right away by dialing 911. If your community doesn’t have 911 service, call your local police emergency phone number.

You can apply for a family law protection order in Provincial Court or Supreme Court without a lawyer’s help, but it’s best to have one to advise you. You can hire a family lawyer or talk to Legal Aid BC to find out if you can get a free legal aid lawyer. If you don’t qualify for legal aid and can’t afford a family law lawyer, ask duty counsel at the courthouse for help. They’re knowledgeable and free.

For more information and for other ways to get free legal advice, see Who Can Help.

All the court forms are available online. The names of the forms are listed below. Check with the registry to see if they need you to fill out any additional forms.

After you fill out the form(s), take them to the registry at the courthouse to be stamped and put in your file. If you have a lawyer, they fill out the form(s) and take them to the registry for you. However, you have to help by giving your lawyer the information they need.

For Provincial Court

• Application About a Protection Order (Form 12)

For Supreme Court

• Notice of Family Claim (Form F3) unless you’ve already filed one
• Notice of Application (Form F31)
• Affidavit (Form F30)

You can find more Provincial Court forms online or at the Provincial Court in your area.

More Supreme Court forms are also available online. 

You can also find information and links to all the forms on the Family Law in BC website.

There are three options, which you can discuss with your lawyer or duty counsel:

1. Let your partner know, and get the order in the usual amount of time.
2. Let your partner know, but get the order quickly.
3. Don’t let your partner know.

Consider the following before selecting one of the three options:

Option 1: Your partner will know you’re applying and may respond to your application any time before the date of the hearing.

Option 2: This option lets you get the order more quickly, when your safety or your children’s safety must be dealt with right away. When you ask for a ​“short-leave or urgent” application, you’ll be in court either on the same day or in the next few days depending on court availability. Your partner will know you’re going to court, and will have only a short time to respond.

With either of these two options, it’s your responsibility to have the application served on your partner to tell them about the hearing. You don’t have to personally tell your partner; you let them know by sending them the documents or by having another adult hand your partner a copy of the documents. You can hire someone to do this, or you can ask a friend or family member.

Option 3: Your partner doesn’t have to know you’re going to court if letting them know would increase the risk to your safety. This is called a ​“without notice” application. This is an exception to the usual rule that both parties must have a chance to be heard by a judge before an order is made affecting them. You have to explain to the court why the matter is urgent and why letting your partner know in advance would be dangerous. The judge will expect you to tell the whole story.

If the judge makes the order, your partner will be given a copy of the court order.

If your partner is in BC, and you can give the court registry an address where they can be served, the registry will serve the protection order for you. However, if the judge orders you to arrange for service, see these step-by-step guides for serving documents. (If you don’t know where to find your partner, talk to your lawyer or the registry about your options.)

Once your partner has the order, they can go to court and ask that the order be cancelled or changed. This will only happen if they can show that there isn’t a risk of violence. 

Yes, you do have to attend any hearing(s) set by the court. 

Unless you use the option of making an order without notice, your partner will also go to the same court hearing about your application.

If you have a lawyer, they’ll work with court registry staff to schedule the court hearing. If you’re going to court without a lawyer, court staff will let you know when you need to appear in court. 

What happens at the hearing will depend on whether you’re in Provincial or Supreme Court, and whether you have a lawyer or not.

If you have a lawyer, they will explain why you need the order and what you’d like in it, and present the affidavits you have to support your case.

In Provincial Court hearings, you may be asked to do this yourself. (In Supreme Court, you won’t usually be asked to speak unless you go to a trial, which is rare.)

If you don’t have a lawyer, the judge will ask you to explain your situation, what you want in the order, and to present your own affidavit evidence and affidavits from any other witnesses.

You (or your lawyer) may also call witnesses to speak to support your story, although this isn’t necessary — your spoken evidence and affidavit evidence is enough.

The judge decides based on the facts presented at the hearing and will also consider:

• whether your partner has a history of intimate partner violence or family violence;
• whether the violence is increasing;
• whether you think your safety is at risk;
• whether any psychological, emotional, or verbal abuse shows a pattern of forcing you or other family member(s) to do things they want;
• your current relationship with your partner, including if you’re separated;
• whether your partner has issues such as drug abuse, employment or financial problems, mental health problems, and access to weapons; and
• whether you or other family member(s) are pregnant or have other family issues, or if you rely on your partner for money.

If the judge grants the order, it will list the exact conditions the person named in it must follow. A judge can make orders that ban your partner from:

• communicating with you directly or indirectly;
• distributing information about you or images of you;
• going to places where you or other family member(s) go, including a school, a business, or a home — even if your partner owns the home;
• following you or other family member(s); and
• having a weapon.

The judge could allow some communication, but with set guidelines. The judge can also:

• tell a police officer to go with you to your home so you can remove your personal belongings;
• take away weapons; and
• require your partner to report to court.

However, if your partner can show there’s no risk of violence, the judge can refuse to make a protection order. If your application is refused, speak to your lawyer or duty counsel about reapplying for the family law protection order or about getting a conduct order. 

A conduct order tells your partner what they can and can’t do in relation to you, your children, or anyone else affected by them. Unlike a protection order, there are no criminal consequences for not obeying a conduct order, so the judge may be more willing to order a conduct order than a protection order. If your partner breaches a conduct order, you have to go to court to enforce it. A judge may fine your partner, make a tougher conduct order, or issue a protection order.

Once the judge says they’ll give you the order, it is in effect. Court staff then write it up and send it to the Protection Order Registry. 

Remember to ask your lawyer or the court staff for a copy of the order and read it carefully to make sure you understand the conditions. Make sure that the names, addresses, and birthdates are correct. It’s a good idea to keep this copy with you. You can show it to the police if your partner doesn’t follow one of the conditions.

If the order includes your children, also give a copy to anyone who takes care of them when they aren’t with you, such as their teachers, child care providers, coaches, or other instructors. Tell them to call the police if your partner doesn’t follow the conditions in the order.

Call 911 right away. (If your community doesn’t have 911 service, call your local police emergency phone number.) Remember that all family law protection orders can be enforced by the police. Explain that you have a protection order and that the person named in the order hasn’t obeyed its conditions. (It’s also a good idea to call your lawyer, if you have one.)

It’s a crime to not obey the terms of a family law protection order. The order says this, so your partner will know. If they breach the order, in most cases, the police will arrest them (particularly if you’re in danger). Then the police will ask Crown counsel to charge them with a crime.

If your partner is found guilty of not obeying the terms of the order, they may be fined, sent to jail, or put on probation. They’ll have a criminal conviction on their record. The judge will choose the punishment based on the details of the case. Unless the circumstances are very serious or your partner has a history of not obeying court orders, the judge won’t usually choose the maximum fine or sentence.

Once you have the order, the person named in it must follow its conditions. If your partner doesn’t, they’re breaking the law. This means that with a ​“no contact” condition in place, your partner can’t contact you even if you want them to (unless a judge changes the protection order). If, for example, you invite your partner to meet with you, they may be arrested. (However, you can’t be charged with a crime for contacting them because the order wasn’t made against you — it’s for your protection.)

Remember that the order was put in place to protect you. Before you make any changes, you should talk to a victim service worker or a lawyer about how this could affect your personal safety or your case. If you still want to change or cancel the order, you need to apply to the court that issued the order.

The police in your new province may be able to enforce your family law protection order. Check with the nearest court registry in your new province. Court staff will tell you if (and how) you can have your order from BC recognized or if you have to apply for a new one. They may ask you to take a copy of your BC order to the local police.

If your partner follows everything the order says, and you no longer fear for your safety, and don’t need to apply to extend the order, the order will end. Nothing more will happen. A family law protection order isn’t a criminal offence and your partner won’t have a criminal conviction because of it.

A family law protection order lasts for as long as the judge sets it for. If the judge doesn’t set an end date, it lasts for one year. If you still fear for your safety and your order is about to end, talk to a lawyer or Legal Aid BC about getting another family law protection order. During your application, you’ll have to convince the judge that you still have reason to fear for your safety or you must provide new evidence. If your partner has breached the family law protection order, it will help convince the judge to order a new family law protection order. This is why it’s important to report or record all breaches.

Consider talking to a victim service worker, who can help you make a safety plan. You can contact VictimLinkBC to talk to a victim service worker in your community. Call or text 1-800-563-0808, or email VictimLinkBC@​bc211.​ca.