How to Get a Restraining Order (Protection Order) in British Columbia

If you are in immediate danger, call 911. British Columbia's main civil tool for family violence is a Family Law Act Part 9 protection order, free to apply for in Provincial Court, or $80 to $280 in Supreme Court, which can order a family member to stay away, cut off contact, and surrender weapons for up to one year.

Information last verified on 2026-08-15. This article has not yet been reviewed by a licensed lawyer.

What "Restraining Order" Means in British Columbia

British Columbia's courts don't use "restraining order" as a formal legal term. The tool most people are searching for is a protection order under Part 9 of the Family Law Act (FLA), sections 182 to 191. Either the Provincial Court or the Supreme Court of British Columbia can grant one; the Act gives both courts the same underlying power, and Supreme Court Family Rules only add procedure for a Supreme Court filing, not a separate legal tool.

There is no standalone "civil restraining order" statute outside the Family Law Act in BC. If your situation involves a family member, a Part 9 protection order is the instrument. Two other mechanisms are sometimes confused with it:

• A Criminal Code section 810 peace bond, which the Provincial Court of BC calls an "810 recognizance," also called a "peace bond" or a "no contact order." This is a criminal-court process: you report to police, Crown decides whether to pursue it, and a judge in Provincial (criminal) court hears it.
• Criminal release or sentencing conditions (bail, probation, or conditional-sentence no-contact terms), which only arise if the other person is charged with or convicted of a separate criminal offence, and can exist alongside a peace bond or a protection order.

For the criminal-law side of domestic violence charges, see domestic violence laws in Canada. For the peace bond process specifically, see peace bonds in Canada.

Who Qualifies for a Protection Order

A Part 9 protection order protects a "family member" as the Family Law Act defines the term: a spouse or former spouse; someone you are or have been living with in a marriage-like relationship, for any length of time; the other parent or guardian of your child; a person who lives with and is related to you or to any of the people above; and your own children.

The order addresses "family violence," which the Act defines broadly and does not require physical injury. It includes physical or sexual abuse, or attempts at either; psychological or emotional abuse, including intimidation, harassment, coercion, threats, unreasonable restrictions on financial or personal autonomy, and stalking or following; intentional property damage; and, for a child, direct or indirect exposure to family violence against someone else. Reasonable force used in self-defence or to protect others is expressly excluded. The Act calls the protected person an "at-risk family member": someone whose safety and security is, or is likely, at risk from family violence by a family member.

What a Protection Order Can Require

A judge tailors a protection order to the situation. Under section 183(3), it can restrain the family member from directly or indirectly contacting or communicating with you or another named person; from going near or entering a place you regularly attend, including your home, workplace, business, or school, even if the restrained person owns the property or has a legal right to be there; and from following you. It can bar the person from possessing a weapon, firearm, or specified object, or a licence to have one, and can direct a police officer to remove the family member from a shared residence, supervise them collecting belongings, or seize weapons or related documents. A judge can also require reporting to the court, or add any other term needed to keep you safe or carry out the order.

Unless the court orders otherwise, a protection order expires one year after the date it is made.

How to Apply

You can apply in either court. Most people use Provincial Court, where applying is free. In Supreme Court, the fee is $80 if you've already started a case there, or $280 if you haven't, current as of February 3, 2025. You do not need a lawyer in Provincial Court, though having one is recommended.

You, someone applying on your behalf, or the court on its own initiative can start the application; it does not need to be tied to another family-law proceeding. If you don't want to give the other person notice, the application is usually heard the same day you file, using an "Application About a Protection Order" form; the judge decides on the spot whether notice is required, and if it isn't, proceeds right away. Police can also apply on your behalf, and can request an order even outside regular court hours.

Duration and Changing an Order

A protection order lasts one year unless the court sets a different length. To extend it, you have to apply before it expires. Either side can also apply to shorten, further extend, otherwise change, or terminate the order.

What Happens If the Order Is Breached

Three official British Columbia sources, the government's own materials on the Protection Order Registry, the Provincial Court of BC, and the Family Law in BC guide, all confirm that breaching a protection order can lead to arrest and criminal charges. None of them names a specific Criminal Code section. The Family Law Act itself is explicit that a Part 9 order cannot be enforced through another order under the Act or through the provincial Offence Act; instead, it authorizes a police officer with reasonable grounds to believe a breach occurred to take action to enforce the order directly, using reasonable force if necessary.

Some non-official sources online attribute breach prosecutions to "section 127 of the Criminal Code" (disobeying a court order). That specific attribution could not be confirmed against any BC government or legal-aid source, so treat it as an unverified inference rather than a settled fact. Reasoning from the statute's own text, prosecution under the Criminal Code's general disobedience provision would be structurally consistent with what the Family Law Act allows, since the Act excludes only its own enforcement mechanisms, not the Criminal Code. But no official BC source states this outright. What is confirmed, from three separate official sources, is that a breach can lead to arrest and criminal charges.

Does a BC Order Apply Outside the Province

Under section 191 of the Family Law Act, an order made by a court in another Canadian jurisdiction that is similar to a BC protection order is dealt with under BC's Enforcement of Canadian Judgments and Decrees Act, which allows it to be administratively registered in BC Supreme Court. A BC protection order usually only applies within BC, but registering it with the courts in a new Canadian location may be possible if you move. No BC source describes a mechanism for recognizing a restraining order issued by a court in the United States or another country.

Protection Order vs. Peace Bond at a Glance

Getting Help Now

If you are in immediate danger, call 911 before anything else. A protection order is enforced after it's broken; it is not a physical barrier between you and the other person, so a real safety plan matters alongside any paperwork.

VictimLinkBC (1-800-563-0808) is a free, confidential, 24/7 line covering BC and Yukon, reachable by phone, text, or email, in up to 150 languages. Staff can help confirm or correct your entry in BC's Protection Order Registry, which police can check anywhere in the province, and can connect you to transition houses, counselling, and safety planning.

Related Topics

For the peace bond process on its own, see peace bonds in Canada. For criminal charges arising from domestic violence, see domestic violence laws in Canada. If you're separating from a spouse or partner, see divorce in Canada and common-law relationships in British Columbia. For how BC handles the resulting court file, see court records in British Columbia. For how BC's approach compares to the rest of the country, see the Canada-wide restraining order ladder.

Disclaimer

This article is informational only and is not legal advice. Two points on this page are genuinely unresolved by any official BC source found during research: the specific Criminal Code section used to prosecute a Part 9 protection order breach (treat "section 127" as an inference, not a confirmed fact), and the exact registration mechanics, fees, and timeline for enforcing an out-of-province order under the Enforcement of Canadian Judgments and Decrees Act. Laws and fees can change; confirm current requirements directly with the court before relying on this page. If you are in immediate danger, call 911. For 24/7 confidential support in British Columbia, contact VictimLinkBC at 1-800-563-0808.

Frequently Asked Questions

Is a protection order free in British Columbia?

Applying in Provincial Court is free. Applying in Supreme Court costs $80 if you've already started a case there, or $280 if you haven't, current as of February 3, 2025.

How long does a BC protection order last?

Unless a judge sets a different length, a protection order expires one year after the date it's made. You have to apply to extend it before that expiry date.

What's the difference between a protection order and a peace bond in BC?

A protection order comes from the Family Law Act and is a family-law process you or someone on your behalf applies for. A peace bond comes from Criminal Code section 810 and is a criminal-court process started through a police report, with Crown deciding whether to pursue it.

What happens if someone breaches a BC protection order?

Three official BC sources confirm that a breach can lead to arrest and criminal charges. None names the specific Criminal Code section used to prosecute it, so claims naming \"section 127\" specifically should be treated as an unverified inference rather than a confirmed fact.

Can I get a BC protection order without notifying the other person?

Yes. An application can be made without notice, and it is usually heard the same day you file. A judge decides on the spot whether notice is required.

Does a BC protection order apply if I move to another province?

A BC order usually only applies within BC, but under the Enforcement of Canadian Judgments and Decrees Act, a similar order can potentially be registered with the courts in your new Canadian location. No BC source describes a way to recognize a US or foreign restraining order.