How and When to Get a Protection Order in British Columbia
If you are experiencing family violence, your immediate safety is the top priority. An emergency protection order (EPO) is meant to provide immediate protection from an abusive family member. When you know what a protection order means in British Columbia, you can better understand how to get one and how it can help you take a step toward safety for you and your loved ones. Learn more about what an EPO entails and what measures you can take to get an order granted.
What Is an Emergency Protection Order?
An emergency protection order, or an EPO, is a temporary court order made to protect a person from family violence. It is granted in urgent situations where there is a serious and immediate risk of harm. An EPO can legally require the abusive person (the respondent) to stop contacting you, stay away from your home, school, or workplace, and cease all forms of threatening behaviour. You can apply for a protection order in British Columbia, even if the other person doesn’t know about the application.
When Is an EPO Necessary?
An EPO is intended for urgent circumstances where there is a real and immediate danger. Not every family dispute will qualify, but it’s worth asking an expert for domestic violence legal help if you aren’t sure. The courts look for evidence of family violence and a situation where delaying an order would put someone’s safety at risk. Reasons to request an EPO include:
- Domestic Violence—Any instance of physical assault, including hitting, slapping, pushing, or any other form of physical force.
- Serious Threats—A family member has threatened to harm you, your children, or even themselves in a way that causes you to fear for your safety.
- Harassment and Stalking—Persistent, unwanted contact, following, or monitoring that makes you feel threatened or unsafe. This includes online harassment.
- Psychological or Emotional Abuse—Severe emotional abuse that is destructive and creates a risk of psychological harm, especially to children.
- Sexual Abuse—Any forced or unwanted sexual contact.
How to Get an Emergency Protection Order
If you are facing any of these situations, act immediately. Your safety is paramount, and the legal system has measures in place to offer protection. While the process for obtaining an EPO can feel overwhelming, it’s designed to be accessible in a crisis. Here is a step-by-step guide for applying in British Columbia:
1. Seek Immediate Help If You Are in Danger
While emergency family law exists to keep you safe, if you’re in immediate physical danger, your first call should be to emergency services. The police can help you get to a safe place. They may also assist you with the EPO application process.
2. Contact a Designated Person or Go to Court
In British Columbia, you can apply for an EPO through a designated person, such as a police officer or a support worker at a transition house, or by going directly to a court. You can also apply by phone or electronically with the help of a designated person, which is particularly useful if you can’t safely leave your location.
3. Prepare Your Application
You will need to provide a sworn statement (an affidavit) detailing why you need protection. In this statement, you must describe the family violence that has occurred and explain why you believe you are in immediate danger. Be as specific as possible. Include:
- Dates and times of incidents.
- Detailed descriptions of the violence, threats, or harassment.
- The impact the violence has had on you and your children.
- Why the situation is urgent.
4. Attend the Hearing
Finally, your application will be presented to a judge or justice of the peace. Because it is an emergency application, this often happens quickly, sometimes on the same day. You will need to explain your situation and answer any questions the judge may have. The respondent is not present at this hearing, so don’t worry about upsetting them or subjecting yourself to more harm. The judge will decide whether there is enough evidence of family violence and immediate risk to grant the EPO.
What Happens After an EPO Is Granted?
If the judge grants the Emergency Protection Order, it takes effect immediately. The respondent will then be formally notified of the order, usually by the police. From that point on, they will be officially aware of the conditions they must follow to avoid legal trouble.
Duration and Enforcement
An EPO is temporary. It typically only lasts for a short period, after which a court hearing is scheduled (usually within a few days) where both you and the respondent can attend. At this hearing, the judge can decide to issue a longer-term protection order. Despite its short duration, violating an EPO is a criminal offence. If the respondent breaches any of the conditions, you should call the police immediately. The authorities can arrest and charge them for violating the court order.
Resources for Victims
Know that if you are struggling with domestic violence, you are not alone, and support is available. Once you are out of immediate danger, consider taking advantage of these resources:
- VictimLinkBC—A toll-free, confidential, multilingual service available 24/7. Call 1-800-563-0808.
- BC Society of Transition Houses—Provides information on shelters and transition housing across the province.
- Legal Aid BC—Offers legal assistance to people with low incomes. Call 1-866-577-2525 or 604-408-2172 for Greater Vancouver.
Don’t Wait to Seek Help
An emergency protection order is the first step in a larger safety plan. If you are worried about personal harm, don’t hesitate to seek help. After getting to a safe location, you can then begin taking legal steps. Clark Woods LLP is an experienced law firm dedicated to helping people in the Lower Mainland and Metro Vancouver get the counsel they need in domestic violence situations. Contact us today to discuss your options.
