A family law protection order is a court order that restricts a family member who poses a risk of family violence. Here is who can apply in BC, what the order can include, how a judge decides, how long it lasts and how police enforce it.
If a spouse, former partner or other family member is threatening, controlling or hurting you, BC's Family Law Act lets a court make a protection order to keep that person away from you, your home and your children.
This guide explains how protection orders work, how they differ from peace bonds, how to apply in Provincial Court or the Supreme Court, and what happens after the order is made. If you are in immediate danger, call 911 first.
What a family law protection order is
A protection order is a civil order made under Part 9 of the Family Law Act. A judge can make it against one family member to protect another if the judge decides that family violence is likely to occur and the person asking is an "at-risk family member", meaning someone whose safety and security is, or is likely to be, at risk from family violence.
"Family violence" is defined broadly. It covers physical and sexual abuse and attempts, and also psychological or emotional abuse such as intimidation, harassment, coercion, threats (including threats about pets or property), stalking, intentional damage to property and unreasonable restrictions on a person's financial or personal autonomy. For a child, it includes direct or indirect exposure to family violence. Our article on coercive control in BC family law looks at the less visible forms in more detail.
The order is only available between family members. That includes a spouse or former spouse, someone you live or lived with in a marriage-like relationship, the other parent or guardian of your child, relatives who live with you, and your child.
Protection order or peace bond?
People often call both of these a "restraining order", but they are different tools:
- Family law protection order. A civil order under the Family Law Act, available only against a family member. You apply yourself, or someone applies on your behalf, without going through the criminal justice system.
- Peace bond. A Criminal Code order (an "810 recognizance") that can protect you from anyone, including someone you have only dated. The Provincial Court suggests discussing this route with the police.
According to the Province, both types generally last one year unless a judge says otherwise.
What the order can include
Under section 183 of the Act, a protection order can include one or more terms such as:
- no direct or indirect contact or communication with you or another named person, or limits on how contact can happen;
- staying away from your home, workplace, school or other places you regularly attend, even if the other person owns the home;
- not following you;
- not possessing weapons or firearms, with directions to police to seize them;
- directions to police to remove the person from the home, or to supervise either of you collecting personal belongings;
- any other terms the court considers necessary for your safety or to make the order work.
How a judge decides
The court must consider a list of risk factors in section 184, including any history of family violence, whether the violence is repetitive or escalating, whether there is a pattern of coercive and controlling behaviour, a recent separation or plan to separate, the other person's circumstances (for example substance abuse, financial problems or access to weapons), your own perception of the risk, and anything that makes you more vulnerable, such as pregnancy or economic dependence. If a child is involved, the judge must also consider whether the child may be exposed to family violence and whether the order should protect the child too.
Some things do not stop an order being made. The Act says a judge can make one even if a previous order was breached, you have gone back to the home before, you are staying in a shelter, or criminal charges have been or may be laid. If both people apply against each other, the court considers whether only one of them should be restrained, and the person who started a particular incident is not necessarily that person.
How to apply
Provincial Court
Most people apply in the Provincial Court using the Application About a Protection Order form, which includes an affidavit setting out what has happened. You do not need any other court case to apply. An application can be made without notice to the other person. The Provincial Court explains that this is unusual and is for situations where you need immediate protection and there is a real risk of harm if the other person is told first; in that case, the application is usually heard the same day it is filed. If an order is made without notice, the other person can later apply to set it aside or change it.
Supreme Court
The BC Supreme Court can also make protection orders. If you already have a Supreme Court family case, or the order you want would conflict with a Supreme Court order, the Provincial Court says you should apply in the Supreme Court. Our guide to Provincial Court and Supreme Court family cases explains the differences between the two courts.
How long it lasts and how it is enforced
Unless the court says otherwise, a protection order expires one year after it is made. If you need it longer, apply to extend it before it expires; once it has expired, you can still make a fresh application. Either party can also ask the court to shorten, change or end the order.
Court staff usually add the order to BC's Protection Order Registry the same day it is signed, and police in BC can see it there at any time. A police officer who reasonably believes the order has been breached can act to enforce it, even without proof that it was served, and may use reasonable force if necessary. The Province says a person who breaches an order may be arrested and charged with a criminal offence.
If a protection order conflicts with another Family Law Act order, such as a parenting order, the other order is suspended to the extent of the conflict until one of them is changed or the protection order ends. That is why it helps to think about parenting time, exchanges and housing at the same time as safety.
If you are in danger now
Call 911. VictimLinkBC (1-800-563-0808) is available 24 hours a day for information and referrals, including help with safety planning.
Need protection and a plan for what comes next?
Our family lawyers can prepare and bring a protection order application, ask for terms that fit your situation, and deal with the parenting, support and housing questions that usually follow.
Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.
Sources
- Family Law Act, Part 9, Protection from Family Violence, ss 182-191; definitions in s 1; court jurisdiction ss 192-193 — Family Law Act, SBC 2011, c 25, Part 9 (ss 182-191) (checked October 14, 2026)
- Provincial Court of British Columbia, Family law protection orders — Family law protection orders (checked October 14, 2026)
- Government of British Columbia, Protection Order Registry: information on protection orders — Information on Protection Orders (checked October 14, 2026)
General information about British Columbia law as at the date shown, not legal advice. Reading this article does not create a lawyer-client relationship. Please speak with a lawyer about your own circumstances.