How Do I Get a Protection Order If I Am Experiencing Family Violence?

FAQs

How Do I Get a Protection Order If I Am Experiencing Family Violence?

If you are experiencing family violence, you can apply for a protection order in British Columbia under the Family Law Act (FLA). Protection orders are court-issued directives designed to protect individuals from violence or threats by restricting the behavior and proximity of the perpetrator.

Steps to Obtain a Protection Order

1. Understand Eligibility

You can apply for a protection order if you are at risk of harm from a family member, including:

  • Spouse or former spouse
  • Common-law partner
  • Parent, child, or other close relatives

Family violence includes physical harm, sexual abuse, threats, stalking, emotional abuse, or controlling behavior that instills fear.

2. Gather Evidence

Provide details and evidence of the violence or threats, such as:

  • Police reports
  • Medical records
  • Witness statements
  • Text messages, emails, or other communications

Be specific about incidents, including dates, times, and descriptions of behavior.

3. File an Application

  • File your application in the Provincial Court or BC Supreme Court. In urgent cases, you can request an order without the other party being present (ex parte order).

Forms you may need:

  • Application for Family Law Protection Order
  • Affidavit describing the circumstances and risks

If you cannot afford a lawyer, you may seek assistance from legal aid or a community legal clinic.

4. Attend the Court Hearing

  • Present your evidence to the judge, explaining why the protection order is necessary.
  • If the situation is urgent, the court may issue a temporary order immediately.

5. Enforcement of the Order

  • Once issued, the protection order is enforceable by the police. Violating the order is a criminal offense.

What Can a Protection Order Include?

Prohibitions Against Contact

  • The order may prohibit the abuser from contacting you directly or indirectly.

Restricting Proximity

  • The abuser may be required to stay a specific distance away from you, your home, workplace, or children’s school.

Behavioral Restrictions

  • The abuser may be prohibited from stalking, threatening, or harassing you.

Possession of Weapons

  • The order can require the abuser to surrender firearms or other dangerous items.

Example in a Vancouver Context

A woman in Vancouver experiences ongoing threats and harassment from her estranged spouse after separation. She files for a protection order in Provincial Court, providing police reports and threatening messages as evidence. The court issues an order requiring the spouse to stay 500 meters away from her home and workplace and prohibits all contact.

Alternatives and Additional Resources

Resources
Emergency Protection Call 911 if you are in immediate danger.
Restraining Orders Similar to protection orders but often issued under different circumstances or as part of a broader family law case.
Safety Planning Connect with local support services, such as women’s shelters or victim assistance programs, to create a safety plan.
Legal Aid Contact Legal Aid BC for assistance with your application.

Seek Legal Assistance

If you are facing family violence and need a protection order, consult Mills Family Law, experienced Vancouver family lawyers, for guidance. We can help you navigate the application process and ensure your safety is prioritized. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQs

  • How do I protect my assets if I am in an abusive relationship?
  • Can spousal support be negotiated in high-conflict situations?

For more information, refer to the BC Family Law Act.

FAQ
FAQ
Mills Family Law