Court and Process
Protection Orders and Safety Planning During Separation in BC
Shergill Law Corporation21 September 20267 min read
If you feel unsafe during a separation in British Columbia, you can apply to court for a protection order under Part 9 of the Family Law Act, even if you have not yet started a divorce or parenting case. A protection order can require your partner or former partner to stay away from you, your home, your workplace, or your children, and breaching it is a criminal offence.
This article explains how protection orders work in BC, how they differ from other options, and how to think about safety planning during a separation. If you are in immediate danger, call 911. VictimLinkBC (1-800-563-0808) is also available 24/7 across BC in multiple languages, including Punjabi and Hindi.
What Is a Family Law Protection Order?
A protection order is a court order under the Family Law Act meant to protect a family member from family violence. "Family violence" is defined broadly and includes physical harm, threats, harassment, coercive and controlling behaviour, and in some cases psychological or emotional abuse, not only physical assault. A protection order can include terms such as:
- No contact with you, directly or through others
- Staying a set distance away from your home, workplace, or your children's school
- Surrendering firearms or weapons
- Restrictions around a shared residence
Unlike a parenting arrangement or divorce case, you do not need to have an existing family law case underway to apply for a protection order. In urgent situations, it is possible to apply without giving advance notice to the other person, with a full hearing to follow.
Protection Order vs. Peace Bond vs. Criminal Charges
These three routes are often confused with one another:
- Family law protection order: civil, filed in Provincial or Supreme Court under the Family Law Act, focused specifically on protecting a family member.
- Peace bond: a criminal court order under the Criminal Code, typically pursued through the police and Crown counsel.
- Criminal charges: pursued by police and Crown counsel where an offence, such as assault or criminal harassment, has occurred, and are separate from the family law process entirely.
These are not mutually exclusive. You can have a criminal matter proceeding through police and Crown counsel at the same time as a family law protection order application.
How a Protection Order Interacts With Parenting Arrangements
A protection order can exist alongside, or ahead of, any arrangement about parenting time or guardianship. It does not automatically decide custody or parenting time on its own, but the safety concerns behind it are directly relevant when parenting arrangements are later worked out, whether through mediation or in court. If a protection order and a parenting arrangement need to work together, for example around handoffs for parenting time, this needs to be addressed specifically so the two orders do not conflict.
What Happens If a Protection Order Is Breached
Breaching a family law protection order is a criminal offence, and police can arrest someone for a breach without needing a separate court process first. If an order is breached, document what happened (messages, photos, timing) and contact police. Our article on enforcement of family law orders in BC when they are breached covers how enforcement generally works for family law orders.
Safety Planning During Separation
Whether or not you apply for a protection order, it is worth thinking through a safety plan if you are separating from a partner who has been controlling, threatening, or violent:
- Keep a written record of incidents, with dates, what happened, and any witnesses.
- Save threatening messages, voicemails, or emails rather than deleting them.
- Let your children's school or daycare know who is and is not authorized to pick them up, if relevant.
- Keep copies of important documents (identification, financial records, immigration documents) somewhere your partner cannot access them.
- Identify a safe place to go and a trusted person to contact if you need to leave quickly.
- Speak with a family lawyer about your options before, not after, a situation escalates further.
A note for families who feel pressure to "keep it private": We understand that involving police or the courts can feel like airing a private matter in front of extended family or the community. Protection order applications and the information you share with your lawyer are handled with discretion, and your safety and your children's safety come first.
Frequently asked questions
What is the difference between a protection order and a restraining order in BC?
In BC, the term used in family law is a protection order, made under the Family Law Act specifically to protect a family member from family violence. A peace bond is a related but separate tool under the Criminal Code, typically pursued through police and Crown counsel rather than a family law application.
How fast can I get a protection order in BC?
In urgent situations, it is possible to apply without giving notice to the other person, with the court making an interim decision quickly and a full hearing scheduled afterward. The exact timeline depends on the urgency of the situation and the court's schedule.
Does a protection order affect custody or parenting time?
A protection order does not automatically set parenting time or guardianship on its own, but the safety concerns behind it are directly relevant when those arrangements are decided, whether through mediation or in court.
What should I do if my protection order is breached?
Document what happened and contact police right away. Breaching a family law protection order is a criminal offence, and police can act on a breach directly.
This article provides general information about British Columbia law for educational purposes only and does not constitute legal advice. Laws change and every family's circumstances are different. Please contact Shergill Law Corporation or another qualified lawyer for advice about your specific situation before acting on anything you read here.