I’m scared, I Need an Ex Parte Order Against my Spouse! BC Family Law Act

Things to Consider Before Getting an Ex Parte Order

Here comes the controversial subject or protection Orders which are also called ex parte Orders in Family Law. What are ex parte Orders?

Ex Parte Orders or Protection Orders in BC

These orders by definition are ‘without notice’ orders. This means that your spouse will have no idea that you are going to Court to get an order against them. Many spouses take advantage of this procedure because they know their ex does not know about them and cannot defend against them. Sometimes they are necessary when you are in danger and do not want your spouse to harm you. Sometimes they are used inappropriately and mess up the entire case for months or years to come. Once you get the Order, your spouse will have to come back to court to vary or set aside the Order based on her/his evidence against you.

Courts are generally hesitant to grant orders without one side being able to defend themselves or show why the Orders are necessary. You need to have clear and compelling evidence before you go to court to get an ex-parte order.

What Kinds of Ex Parte Orders are there?

There are various kinds but the three most popular ones are:

1. Ex Parte Orders against a person – this means stopping them from contacting you directly or indirectly because of family violence. 
2. Ex Parte Orders for property – this means getting your spouse to stop dissipating family assets or money because he/she knows a court case is looming.
3. Ex Parte Orders for children – this means getting your spouse not to contact or have time with the children because he/she is a danger to them.

The first and second protection orders are more likely obtained on an ex-parte basis. The third one is tougher.

Things to Consider Before Getting an Ex Parte Order

If you are successful in getting a Protection Order or ex-parte Order, then your spouse will most likely apply to the court to have it cancelled. If they are successful in having it cancelled and the Court thinks you obtained the Order without basis or that the Order was unnecessary, you risk the court penalizing you by granting legal costs for your spouse having to defend against your Order.

These Orders are very complicated and you need a family lawyer to assess if they are necessary. It is always recommended that you speak with a BC family lawyer before applying for them.

For more information or to set up an INITIAL CONSULTATION, please contact us at 604-974-9529 or email info@ylaw.ca