Protection Order Lawyers in Surrey, BC

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Help With a Protection Order, Starting Today

A protection order is a court order made under Part 9 of British Columbia's Family Law Act to protect a family member whose safety is at risk from family violence. It can order another family member not to contact you, not to come near your home, school, or workplace, and not to possess weapons. This page explains what we do when you need one, how the application works, and what to bring. For a fuller walk-through of the law itself, read our clear guide to family protection orders in British Columbia.

SiLaw Group Family Lawyers is a family law firm in South Surrey. We treat protection order files as urgent, and we serve clients in English and Punjabi. Everything you tell us is confidential, including the fact that you contacted us at all.

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

What We Do When You Call

Speed matters on these files, so our first meeting is focused. We listen to what has been happening, help you think through immediate safety, and assess your situation against the legal test. Then we prepare the application: the court forms, and a sworn statement that tells your story clearly, with dates and specifics, because that statement is the evidence the judge reads.

The Family Law Act allows an application to be made without notice to the other person (section 186). Where the facts support it, that means the other family member does not learn about the application until after the order is made. We will tell you honestly whether your situation fits.

Both levels of court can make protection orders. The Act defines "court" as the Supreme Court or, to the extent it has jurisdiction, the Provincial Court (Family Law Act, section 1), and we recommend the court that fits your circumstances. In the Supreme Court, once an order is made, the registry sends a copy to the protection order registry and, in most cases, arranges service on the other party (Supreme Court Family Rules, Rule 15-1(2.1)). If the registry cannot arrange service, it must tell you, and we help you deal with that step.

Who Can Apply and for Whom

Under section 183 of the Family Law Act, an application can be made by a family member claiming to be an at-risk family member, or by someone else on that person's behalf. A court can also make an order on its own initiative. An "at-risk family member" is a person whose safety and security is or is likely at risk from family violence carried out by a family member (section 182).

"Family member" is broader than many people expect. It includes your spouse or former spouse, someone you live with or lived with in a marriage-like relationship, a parent or guardian of your child, certain relatives who live with you, and your child (section 1).

You do not need a divorce or any other family court case first. The Act says a protection order need not be made together with any other claim or proceeding (section 183(1)). It stands on its own.

What the Court Considers

The court may make a protection order if it determines that family violence is likely to occur and that you are an at-risk family member (section 183(2)). In deciding, the court must consider risk factors listed in section 184, including any history of family violence, whether it is repetitive or escalating, whether psychological or emotional abuse shows a pattern of coercive and controlling behaviour, any recent separation or intention to separate, circumstances such as substance abuse or access to weapons, your own perception of the risk to your safety, and anything that increases your vulnerability, such as pregnancy, age, health, or economic dependence.

The Act also clears away worries that stop people from applying. A court may make an order even if you are staying in a shelter, even if you have returned home after violence before, and whether or not criminal charges have been laid (section 184(4)). Where a child is involved, the court must also consider whether the child may be exposed to family violence and whether the order should cover the child too (section 185). If your concern is a parent who ignores parenting orders, we have written about obtaining a protection order when a parent fails to follow court orders.

What a Protection Order Can Include

Section 183(3) lets the court tailor the order. It can restrain the other family member from communicating with or contacting you directly or indirectly, from attending at or near places you regularly go, including your residence, work, or school, even if that person owns the home, from following you, and from possessing weapons or firearms or the documents that go with them. The court can direct police to remove the person from the residence, to supervise the removal of personal belongings, or to seize weapons. It can also add any terms it considers necessary to protect your safety or to make the order work.

What to Bring

None of this is required to start, and you should not delay calling because you do not have it. But if you can safely gather any of the following, it helps: dates and short notes of incidents, texts, emails, or voicemails, any police file numbers, photographs, medical or counselling records, any existing court orders or agreements, and the other person's address and schedule if known.

Frequently Asked Questions

Do I Need to Start a Divorce or Family Court Case First?

No. A protection order application stands alone under section 183(1) of the Family Law Act. Many clients later deal with parenting arrangements or divorce, but nothing else has to be filed before you apply for protection.

How Long Does a Protection Order Last in BC?

Unless the court orders otherwise, a protection order expires one year after the date it is made (section 183(4)). Before it expires, you can apply to extend or change it (section 187), and a fresh application can be made after that.

Can I Apply Without the Other Person Knowing?

Yes, where the facts support it. Section 186 allows an application without notice. If an order is made that way, the other person can later ask the court to set it aside or change it, so the order must rest on clear, truthful evidence. We prepare it that way.

Talk to a Protection Order Lawyer in BC for Free

The first 30 minutes with us are free, in English or Punjabi, by phone, video, or in person in South Surrey. If your situation is urgent, say so when you call and we will respond accordingly. 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.