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.