Applying for a Protection Order in Cases of Family Violence

Family violence can put you and your children at risk. When someone you love is threatening you , your children or causing you and your children harm, you can use the legal system to get help. You can apply for a family law protection order in Provincial or Supreme Court. If you seek protection from the BC Provincial Court, it is free to apply for the family law protection order and the form is available online. There is generally a fee at the Supreme Court, which varies depending upon whether you have already initiated a case or not. However, if you do not have the money to pay the fees, you can apply to have them waived. It is recommended to apply for protection orders through the Supreme Court.

When you apply for a protection order, it is important to understand how the order protects you and what steps you must take to get the court to grant the order. A Vancouver family lawyer can assist you in completing court paperwork and going through the process of seeking a protection order for family violence. Your attorney can also help you take other actions, such as filing for divorce, which can help you escape a violent relationship permanently.

More About the Process

A family law protection order may be obtained against a variety of people, including:

• Someone you are currently married to or were married to in the past
• A person you lived with during a marriage-like relationship
• The other parent of your child
• Your child’s legal guardian
• A relative of anyone who lives with your family members
• Relatives who lives or lived with you

In order to apply for a protection order, you must be able to show that you are being victimized by family violence. This can include physical, emotional, sexual or psychological harm. Stalking is also a form of family violence, as is damaging property. It is also possible to apply for a protection order in the event that a close relative is exposing your child to acts of family violence.  If you are before the court on another family law matter and the judge believes that family violence has occurred, the judge may make a family law protection order even if you did not specifically request one.

If the court requires a protection order, it will generally be in effect for one year.  The order will state the specific behaviors that are prohibited and will usually require the subject of the order to remain a certain distance away from you. Notification of the order should be made to the Protection Order Registry, which is a central registry in British Columbia that makes it easier for police to find out if an order is in effect.

The person who is the subject of the order must be formally served with the order. After the alleged abuser is served, he or she will have the opportunity to challenge the order or have the order changed. If the alleged abuser is able to convince the court there is no risk that family violence is occurring, the court can set aside the order. If the order is challenged, you should ensure that you have legal representation by a Vancouver family lawyer who can help you make your case as to why the order should remain in effect.

Seeking protection Orders or challenging them, can be a time consuming and difficult process. Call us at 604-974-9529 or email [email protected] today to discuss your rights under the law, and to obtain advise on the materials you need to obtain a protection Order.