A Clear Guide to Family Protection Orders in British Columbia

Protection Orders in BC are enforced by local police authorities including RCMP officers.

Disclaimer: This article provides general information and is not a substitute for legal advice. If you are experiencing family violence, please contact a lawyer or a local crisis support service.

When a family relationship breaks down, ensuring personal safety is the most important priority. In British Columbia, the law provides a powerful tool specifically designed to protect individuals from harm: the Protection Order.

We break down what a protection order is, what constitutes "family violence" under the law, and how the court system can help, based on BC's Family Law Act (FLA).

What is "Family Violence"? The Definition is Broader Than You Might Think

The first step in understanding protection orders is knowing what the law defines as "family violence." Section 1 of the Family Law Act provides a broad and inclusive definition. It’s important to note that the actions do not have to be intentional to be considered family violence.

Family violence can include:

• Physical or Sexual Abuse: This includes forced confinement, deprivation of necessities (like food or medicine), or any attempts to commit physical or sexual abuse.

  
  

• Psychological or Emotional Abuse: This is a wide category that covers:

  • Intimidation, harassment, coercion, or threats (against you, other people, pets, or property).

  • Unreasonably restricting your financial or personal autonomy (e.g., controlling your access to money, preventing you from leaving the house).

  • Stalking or following.

  • Intentionally damaging property to intimidate or control you.

    
    

• Exposure of a Child: Directly or indirectly exposing a child to any of the above acts of family violence.

Case law in BC confirms that even "derogatory language" (K. L. L. v D. J., 2014) and threatening words meant to instill fear (Morgadinho v. Morgadinho, 2014) can be considered family violence.

What Can a Protection Order Do?

A protection order, granted under section 183 of the FLA, is a set of specific, enforceable rules a court orders one family member to follow to protect another. The goal is to ensure the safety and security of the at-risk person.

A judge can order a wide range of conditions, including:

• No Communication: Restraining the person from directly or indirectly contacting or communicating with you.

  
  

• Stay Away Provisions: Prohibiting the person from going to specific places, such as your home, workplace, or your child's school—even if they own or have a right to be at that property.

  
  

• No Following: An explicit order not to follow you.

  
  

• Surrender of Weapons: Requiring the person to turn over any weapons, firearms, or related licenses to the police.

  
  

• Police Assistance: A judge can direct police to remove the person from a residence or supervise them as they collect their personal belongings.

How Does a Court Decide to Grant a Protection Order?

A person’s fear, while valid, is not enough on its own to secure an order. The court must be satisfied that family violence is likely to occur. To make this determination, section 184 of the Family Law Act requires a judge to consider several risk factors:

• Any history of family violence.

• Whether the violence is repetitive or escalating.

• If emotional abuse is part of a pattern of coercive and controlling behaviour.

• The current status of the relationship (e.g., a recent separation can increase risk).

• Circumstances of the other person, such as substance abuse, mental health issues, financial problems, or access to weapons.

• Your own perception of risk to your safety and security.

• Any vulnerabilities you may have (e.g., pregnancy, age, economic dependence).

  
  

The court in Dawson v. Dawson, 2014 noted that even a single act of violence can be enough to suggest future violence is likely, especially if the potential harm is serious.

The Application Process: Key Points

• Who can apply? The at-risk family member or someone acting on their behalf can apply.

  
  

• Is it part of a divorce? It doesn't have to be. You can apply for a protection order at any time, whether or not there are other family law proceedings.

  
  

• Can it be done urgently? Yes. Under section 186, an application can be made "without notice," meaning you can go to court without the other person being present if the situation is urgent and there is immediate risk.

What if a Protection Order Isn't the Right Fit? Conduct Orders

Sometimes, the primary issue is a person's behaviour during the legal process itself—actions that frustrate settlement, misuse the court process, or create ongoing conflict. In these cases, a Conduct Order under section 222 of the FLA may be more appropriate.

A conduct order is designed to manage the litigation process and the behaviour of the parties. A court can use a conduct order to:

• Appoint a case manager to help move things along.

  
  

• Order a person to attend respectful relationship or anger management counselling.

  
  

• Order parties and children to attend family counselling.

  
  

• Make rules about how parties must behave during their legal dispute.

In J.W.M. v. J.L.M., 2015 BCSC 535, the court ordered, pursuant to s. 224 of the Family Law Act, that the parties attend family counselling and involve the children in accordance with the recommendations of the counsellor.

In R. (C.) v. M. (A.), 2015 BCPC 76 and T.S.S.W. v. A.C.W., 2021 BCSC 2171, a parent was were ordered to attend anger management and respectful relationships counselling.

Your Safety Matters

The Family Law Act provides strong, clear tools to protect individuals and children from all forms of family violence. A Protection Order is more than just a piece of paper; it is a legally enforceable directive designed to create safety and peace of mind.

If you are in a situation involving family violence, remember that the law recognizes the seriousness of your experience.

If you are in immediate danger, call 911. For resources and support, please contact:

• VictimLinkBC: A confidential, multilingual service available 24/7 across British Columbia. Call or text 1-800-563-0808.

  
  

• Legal Aid BC: Provides legal assistance and advice for people with low incomes.

  
  

• BC Government Resources: Offers official information on getting a protection order.

Seeking legal advice is a critical step in understanding your rights and options. You are not alone, and help is available. Book now for a free Consultation with SiLaw Group Family Lawyers & Mediators.