Emergency Protection Orders: When and How to Apply

When you’re facing family violence or the threat of harm, you may need immediate legal protection before regular court processes can help you. Emergency protection orders provide fast, effective legal protection when you’re in danger. Understanding when you need one, how to get one, and what protections they provide can literally save your life or protect you and your children from serious harm.

What is an Emergency Protection Order?

An Emergency Protection Order (EPO) under BC’s Family Law Act is a court order designed to protect you and your children from family violence. Unlike regular court orders that can take weeks or months, an EPO can be obtained quickly—sometimes the same day—without the other person being present in court.

Key Features of EPOs

• Fast: Can be obtained within hours in urgent situations
• Ex parte: Made without the other person present initially
• Temporary: Last up to 9 days
• Immediate protection: Enforceable as soon as issued
• Free: No court filing fees for EPOs
• Police enforce: Violations are criminal offences

When You Need an Emergency Protection Order

Immediate Danger Situations

• Your partner has threatened to kill or seriously harm you
• There has been recent physical violence
• Violence is escalating
• Your partner has weapons or access to weapons
• You fear imminent harm to yourself or your children
• Your partner has violated previous protection orders

High-Risk Indicators

Research shows certain factors significantly increase danger. Seek an EPO if:

• Threats to kill you or the children
• Access to or threats involving weapons
• Strangulation or choking (highly predictive of future lethal violence)
• Threats of suicide
• Obsessive behaviour or stalking
• Escalating frequency or severity of violence
• Violence during pregnancy
• Sexual violence
• Jealousy and controlling behaviour
• Substance abuse combined with violence
• Separation or threat of separation (highest risk period)

Protection for Children

EPOs are appropriate when:

• Children have been physically harmed
• Children have witnessed violence
• Partner has threatened to abduct children
• Partner’s behaviour endangers children
• Children are terrified of the other parent

What an Emergency Protection Order Can Include

No Contact Provisions

• No communication with you directly or indirectly
• No contact through third parties
• No phone calls, texts, emails, or social media contact
• No sending messages through friends or family
• No contact at all, except as specifically permitted (e.g., through lawyers)

Stay Away Provisions

• Stay away from your residence
• Stay away from your workplace
• Stay away from children’s school or daycare
• Stay away from specific family members’ homes
• Stay a certain distance away (e.g., 100 meters) from protected locations

Exclusive Possession of Residence

• You have exclusive right to live in the family home
• Other person must leave immediately
• Other person cannot return to residence
• Applies even if home is in other person’s name
• Can arrange police escort to retrieve belongings

Seizure of Property

• Police can seize weapons, firearms, or other dangerous items
• Take and hold identification documents if abduction risk
• Seize passports if risk children will be taken out of country

Parenting Time and Contact

• Suspend or restrict the other person’s time with children
• Supervised parenting time only
• Specific pickup/dropoff arrangements
• Communication about children only through third party or app

Other Protections

• Prohibition on possessing weapons
• Requirement to attend counselling
• Prohibition on consuming alcohol or drugs
• Police escort to retrieve personal belongings
• Any other terms necessary for protection

How to Apply for an Emergency Protection Order

Step 1: Assess the Urgency

If you’re in immediate danger:

• Call 911 first
• Get to safety
• Go to hospital if injured
• Then apply for EPO

If danger is serious but not immediate:

• You can apply during court hours (usually 9am-4:30pm weekdays)
• Contact courthouse registry or family justice services

Step 2: Gather Information and Evidence

Bring as much of the following as possible:

• Your identification
• Information about the person you need protection from (name, address, DOB, physical description)
• Addresses where you need protection (home, work, children’s schools)
• Photos of injuries
• Medical records documenting injuries
• Police reports or incident numbers
• Threatening messages, emails, texts (screenshots or printouts)
• Witness statements or contact information
• Previous protection orders or police incidents

Step 3: Complete the Application

You’ll need to complete these forms:

• Form 11 – Application for Emergency Protection Order: Main application form
• Affidavit: Sworn statement describing the family violence and why you need immediate protection
• Draft order: Proposed order with specific protections you’re seeking

Help is available:

• Family Justice Counsellors (free)
• Family Law in BC website (forms and instructions)
• Court registry staff (procedural help only)
• Legal Aid (if you qualify financially)
• Lawyers (V-Law can help)

Step 4: File at Court Registry

• Take completed forms to Provincial (Family) Court registry
• Registry staff will stamp and file documents
• No filing fee for EPOs
• Application is typically reviewed same day for urgent cases

Step 5: Appear Before a Judge

For an emergency protection order:

• You appear before a judge alone (without notice to the other person)
• Judge reviews your application and affidavit
• You may be asked questions under oath
• Judge decides whether to grant the EPO
• Usually takes 30 minutes to 1 hour

Step 6: Service of the Order

Once granted:

• Order must be personally served on the other person by police or process server
• Order is enforceable immediately upon service
• Give copies to police, your workplace, children’s schools
• Keep a copy with you at all times

Step 7: Return Hearing

Within 9 days:

• Both parties appear in court
• Other person can respond to allegations
• Judge can extend, modify, or cancel the order
• Often converted to longer-term Family Law Protection Order

After-Hours and Weekend Applications

If Courts Are Closed

In truly urgent situations outside court hours:

• Call police (911 if immediate danger)
• Police can help you connect with a justice by phone
• Emergency Protection Orders can be granted by phone
• You’ll need to appear in court the next business day to formalize

Victim Services

• Available 24/7: VictimLink BC 1-800-563-0808
• Can provide immediate support and guidance
• Help connect you with resources

Enforcing Protection Orders

If the Order is Violated

1. Call police immediately (911 if in danger)
2. Document the violation: Save messages, take photos, write down what happened
3. Police will arrest the violator: Breach of protection order is a criminal offence
4. Criminal charges will be laid: Separate from the protection order
5. Inform court: Violations are relevant to future protection order applications

Penalties for Breaching an EPO

• Criminal charges under Section 127 (disobeying court order)
• Maximum 2 years in jail
• Likely detention without bail
• Additional conditions if released
• Criminal record if convicted

Important Things to Know About EPOs

Protection Orders Are Not Permission to Contact

Even if the person you have an order against contacts you:

• Do not respond
• Report the contact to police
• They are violating the order even if you don’t respond
• You won’t get in trouble, but they will

You Cannot “Drop” a Protection Order Easily

• Only the court can change or cancel an order
• You must apply to court for cancellation or variation
• Court will want to ensure safety before removing protections
• Don’t just agree to have contact in violation of the order

Both Parties Can Be Charged If They Violate the Order

• If you initiate contact, you could be charged with aiding a breach
• If you want to resume contact, apply to court first
• Never just ignore the order

Protection Orders Don’t Resolve Other Issues

• EPOs don’t address property division, support, or final custody
• You’ll need separate applications for those matters
• Protection orders focus solely on safety

Immigration Impact

If the person you have an order against is not a Canadian citizen:

• Protection orders can affect immigration status
• Breaching orders can lead to deportation
• This is not your responsibility—focus on your safety

Parenting Time and Protection Orders

When Children Are Involved

EPOs can address children’s safety:

• Suspend parenting time if children are at risk
• Order supervised parenting time
• Prohibit removal of children from BC or Canada
• Specify safe exchange arrangements

Balancing Protection and Parenting

Courts consider:

• Children’s best interests and safety
• Importance of both parents in children’s lives
• Whether contact with violent parent can be made safe
• Children’s views (if age-appropriate)

Safe Parenting Arrangements

• Supervised access centers
• Exchanges at neutral public locations
• Third party facilitates exchanges
• Communication only through apps like OurFamilyWizard
• Gradual increase in access as safety is demonstrated

Safety Planning Beyond Legal Orders

Create a Safety Plan

• Identify safe people you can stay with
• Keep important documents in a safe place (or with someone trusted)
• Have emergency cash/credit card access
• Pack an emergency bag (clothes, medications, documents)
• Know your escape routes from your home
• Code word with friends/family to signal you need help
• Change locks on your home
• Vary your routine to be unpredictable

Technology Safety

• Change all passwords
• Check your devices for tracking apps
• Be careful about location-sharing features
• Use a device the other person doesn’t have access to
• Disable location services on social media

Inform Others

• Give copies of protection orders to: Police, workplace security, children’s schools, daycare
• Show colleagues a photo of the other person
• Tell trusted neighbors about the situation

Resources and Support

24/7 Crisis Lines

• VictimLink BC: 1-800-563-0808 (multilingual)
• Battered Women’s Support Services: 604-687-1867
• Kids Help Phone: 1-800-668-6868
• Senior’s Safety Line: 1-866-437-1940

Transition Houses and Shelters

• Safe, confidential emergency housing
• Support services and counselling
• Help with protection orders and legal matters
• Contact BC Housing or VictimLink for locations

Legal Help

• Legal Aid BC: Free legal services if you qualify financially
• Family Justice Counsellors: Free help with protection orders and parenting
• Lawyer Referral Service: Up to 30 minutes with lawyer for nominal fee
• V-Law: Experienced family lawyers who understand family violence

Long-Term Support

• Counselling and therapy
• Support groups for survivors
• Job training and financial assistance programs
• Housing support

Common Questions About EPOs

Do I Need a Lawyer to Get an EPO?

No, you can apply on your own. However, legal help is beneficial, especially for the return hearing and converting to a longer-term order.

What If I Don’t Have Evidence?

Your sworn testimony is evidence. Photos, messages, police reports help, but aren’t always necessary for initial EPOs in urgent situations.

Can I Get an EPO Against Someone I’m Not Married To?

Yes, if you’ve had an intimate relationship, lived together, or they’re a family member.

What If We Have Children Together?

The order can address children’s safety while attempting to maintain appropriate parent-child relationships when safe to do so.

Can I Get an EPO If They Haven’t Been Physically Violent?

Yes. Threats, intimidation, psychological abuse, and credible fear of violence are sufficient.

If you’re experiencing family violence or fear for your safety, you don’t have to wait for things to get worse. Emergency Protection Orders exist to provide fast, effective legal protection when you need it most. Don’t hesitate to seek help—your safety and your children’s safety are paramount.

Protection orders are powerful tools, but they’re not magic shields. Combine legal protection with practical safety planning, support services, and trusted people in your life. You deserve to feel safe.

Get Help With Protection Orders

If you need an Emergency Protection Order or are facing a return hearing, V-Law’s experienced family lawyers can help you navigate the process, prepare your application, and represent you in court to ensure you and your children are protected.