How can I get a protection order?
A protection order is a legal measure issued by a judge to protect one individual from another. It sets specific conditions that restrict contact between the person being protected and the named individual. These restrictions can include avoiding the protected person’s home or workplace and forbidding any form of communication, such as phone calls or emails. Protection orders can also apply to those under your care, including your children or other people who reside in your home.
In British Columbia
In British Columbia, you can apply for a family law protection order at either the provincial court or supreme court. The court you choose will dictate the forms you need to complete to initiate the process. These forms are available both online and at the courthouse.
If you opt for the Provincial Court, you will need to complete an application about a protection order (Form 12), or the Supreme Court, you are required to file a notice of family claim (Form F3), notice of application (Form F31), and a supporting affidavit (Form 30).
In both scenarios, you have the option to apply for a protection order either with or without giving notice to the other party involved. When considering an application, the courts in BC refer to the criteria outlined in section 184 of the BC Family Law Act.
In Alberta
In Alberta, there are various types of protection orders, each with its own application procedures and specific terms that can be included. The different types of protection orders in Alberta include:
- Emergency Protection Orders (EPOs)
- Mutual No Contact Orders
- Restraining Orders
- King's Bench Protection Orders
Each type serves a unique purpose and comes with its own set of guidelines for application and enforcement.
