Protection Orders

Under the FLA , the court can make a civil order to protect one family member against another. These are called Protection orders. If the order conflicts with an order for parenting time or contact with a child, those parts of the previous order are suspended until the protection order expires. Protection orders are enforced under the Criminal Code of Canada so the abuser can be charged with a criminal offence if they do not obey the order. Protection orders are in force for one year, unless otherwise stated. 

Writing Orders 

This may surprise you, but court orders are often not written by the judge. They are written by one of the parties in the dispute. The judge makes the decision that becomes the content of the court order, and usually, the side the order favours will write the court order.

Regardless of who writes the court order, you should review it before it is submitted to the court registry. You need to be sure that the order has captured the intent of the judge’s decision. If you or your lawyer is not going to write the order, ask the judge to allow you to look over the order before it is filed. It is a good idea to get legal advice before you sign an order.

There are court forms for different court orders. For example for a Provincial Court consent order you would use Form 20, for an order made after a Supreme Court application you must use form 51. Check the Forms guide to see which form you should use.

Here are some common Supreme Court order forms:

• Consent Order (Form F33): Used when both parties agree about what the order (final or interim) should say.
• Order Made After Application (Form F51): Used for most types of contested orders made after a chambers application (interim orders and changed orders). A contested order is when the parties don't agree on what the order should say.
• Final Order (Form F52): Used in undefended divorces and for orders after a trial.
• Order Made at Judicial Case Conference (Form F51.1): Used when a court order is made at a Judicial Case Conference.
• Protection Order (Form F54): Used for an order to protect against and prevent family violence.

For interim orders, you can ask for the orders you want in the Notice of Application or a draft order. If the judge or master agrees to the order, they may sign your draft order or initial your application, and that order or application becomes your court order.

Signing the Order 

Once you’ve written an order, you must give it to the other party, who was at the hearing or trial, to sign. You do not need to get the signature of a party who wasn't at the hearing and didn't agree to the order.

Neither you nor the other party can refuse to sign an order because you don’t like it. But you can refuse to sign an order that does not accurately reflect what the judge said.

Once signed, the order must be taken to the court registry where it will be checked for accuracy. If accurate, it will be entered and stamped. Get a copy of it and make one for the other party. This is your court order that can be enforced if it is not followed.