Protection Orders & Family Violence

Protection Orders in British Columbia

If you or your children are at risk of family violence, the law provides tools to help protect you. Protection orders are court orders designed to keep you safe by restricting the behaviour of the person who poses a threat.

Family violence is taken very seriously under BC law, and the courts can act quickly in urgent situations. If you are in immediate danger, contact 911. If you need legal help with a protection order or safety planning, we can assist you.

What Is Family Violence?

Under BC's Family Law Act, family violence includes a broad range of behaviour, not just physical violence. It can include:

• Physical abuse
• Sexual abuse
• Emotional or psychological abuse
• Threats, intimidation, or harassment
• Stalking or surveillance
• Unreasonable restrictions on financial or personal autonomy
• Damage to property
• Killing or harming a family pet
• Exposing a child to family violence (directly or indirectly)

Family violence is a relevant factor in all family law proceedings, including parenting, guardianship, and contact with a child.

Types of Protection Orders

There are several types of protection orders available in BC:

Obtaining a Protection Order

A protection order under the Family Law Act can be obtained by filing an application in Provincial Court or Supreme Court. In urgent situations, the application can be made without notice to the other party, meaning the court can make the order based on your evidence alone.

A protection order may include terms such as:

• No direct or indirect contact with the protected person
• Staying away from the home, workplace, or school of the protected person
• Restrictions on communication
• Surrender of weapons
• Restrictions on following or watching the protected person
• Any other terms the court considers appropriate for the safety of the at-risk family member

Family Violence and Parenting Decisions

When family violence is present, it is a significant factor in any parenting determination. The court is required to consider the nature, seriousness, and frequency of the violence, as well as any steps the violent person has taken to prevent future violence. In some cases, parenting time may be supervised, restricted, or denied to protect the safety of the children.

How We Help

We help clients in Kamloops and across Interior BC with protection order matters, including:

• Applying for protection orders in Provincial Court or Supreme Court
• Urgent or without-notice applications when safety is at immediate risk
• Renewing or varying existing protection orders
• Responding to protection order applications
• Safety planning and referrals to support services
• Addressing family violence in the context of parenting and other family law proceedings