Breach of a Protection Order in BC

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When a Protection Order Is Broken

A protection order only works if it is followed. When it is not, the response does not come from family court. A breach of a protection order in BC is handled through the criminal justice system, which means the police, not your family lawyer, are the first call. This page explains why that is, what to do in the moment, and what a breach can mean for your family law matter afterward.

SiLaw Group Family Lawyers is a family law firm in South Surrey, serving clients in English and Punjabi. Conversations with us are confidential from the first phone call.

Call (778) 381-9977 or Book Now for a Free Consultation.

Why a Breach Is a Criminal Matter

The Family Law Act is deliberate about this. Section 188 says a protection order made under Part 9 may not be enforced by any order under the Family Law Act itself, and may not be enforced under BC's Offence Act. The family court route is closed on purpose, so that enforcement runs through criminal law instead.

The criminal law piece is section 127 of the Criminal Code, which makes it an offence to disobey a lawful court order without lawful excuse. Prosecuted by indictment, it carries a possible prison term of up to two years; it can also be prosecuted as a summary conviction offence. In plain terms, breaking a protection order is a crime, not a technicality.

The Family Law Act also gives police real room to act. Under section 188(2), a police officer with reasonable and probable grounds to believe a term of the order has been contravened may take action to enforce it, whether or not there is proof the order was ever served on the person, and may use reasonable force if necessary. You do not have to prove the other person formally received the paperwork before calling the police.

What to Do When an Order Is Breached

1. Call the police first. Call 911 if you are in danger. If the moment has passed and you are safe, call the police non-emergency line. Tell them you have a protection order and describe what happened. Keep a copy of the order where you can reach it, including a photo on your phone.

2. Document what happened. Write down the date, time, and place while it is fresh. Save texts, emails, voicemails, call logs, and screenshots. Note who else saw or heard anything. Ask the police for the file number and keep it.

3. Tell your lawyer. The criminal process will run its course, but your family lawyer needs to know what happened, because a breach can matter to your family law file too.

What a Breach Means for the Family Law File

Every file is different, so we keep this general. What happened does not stay invisible to the family court. If a further protection order is ever needed, the court must consider the history of family violence and whether it is repetitive or escalating (Family Law Act, section 184), and an earlier order that was not complied with does not prevent a new one (section 184(4)). Where children are involved, conduct like this can be relevant to parenting arrangements, which are decided on the best interests of the child.

A protection order also does not use up your other legal rights. The Act says making an order under Part 9 does not affect any existing right of action of a person who has been the subject of family violence (section 190). We have written separately about family violence and civil claims in BC.

For the wider picture of how these orders work from the start, see our clear guide to family protection orders in British Columbia.

If You Are Accused of Breaching an Order

One paragraph here is for the other reader of this page. If you are the person named in a protection order and you are accused of breaching it, take the allegation seriously, because it is a criminal matter with real consequences. Get legal advice promptly, including from a criminal defence lawyer. Follow the order as written while it stands, even if you believe it is unfair, and even if contact seems invited; the order stays in force until a court changes it. The Family Law Act gives you a lawful path: a person against whom an order was made without notice can apply to set it aside, and any party can apply to change or shorten an order (sections 186 and 187). That path runs through the court, not around the order. We can advise on the family law side with the same care we bring to any client.

Frequently Asked Questions

Is Breaking a Protection Order a Crime in BC?

Yes. Because the Family Law Act closes off its own enforcement routes (section 188), a breach is dealt with under the criminal law, through the offence of disobeying a court order in section 127 of the Criminal Code.

Do the Police Need Proof the Order Was Served?

No. Section 188(2) of the Family Law Act allows a police officer with reasonable and probable grounds to take action to enforce the order whether or not there is proof it was served.

Should I Gather Evidence of the Breach?

Yes, when it is safe to do so. Dates, screenshots, messages, witness names, and police file numbers all help, both in the criminal process and in your family law matter. Never put yourself at risk to collect them; your safety comes ahead of any record.

Will the Breach Be Dealt With at My Family Court Date?

No. The criminal process and the family law file run separately. The family court does not punish the breach, but the history can still be considered where the Family Law Act makes it relevant, such as on a future protection order application.

Talk to a Family Lawyer After a Breach

Once the police have been called and you are safe, talk to us about what comes next on the family side. The first 30 minutes are free, in English or Punjabi, by phone, video, or in person in South Surrey. Our family violence services page describes the other ways we can help. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.