Family Violence (3:VIII) - Revision history

LSLAP at 16:49, 10 November 2025

2025-11-10T16:49:01Z

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	{{REVIEWED LSLAP \| date = ~~June 23~~, ~~2024~~}}		{{REVIEWED LSLAP \| date = November 8, 2025}}
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LSLAP at 16:30, 10 November 2025

2025-11-10T16:30:54Z

LSLAP: /* B. Divorce Act */

2025-11-09T23:20:26Z

B. Divorce Act

← Older revision		Revision as of 23:20, 9 November 2025
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	== B. Divorce Act ==		== B. Divorce Act ==

	Effective March 1, 2021, the amended ''Divorce Act'' ~~will include~~ provisions for identifying family violence and assessing its relevance to family disputes~~. The following provisions will come into force on that date~~.		Effective March 1, 2021, the amended ''Divorce Act'' includes provisions for identifying family violence and assessing its relevance to family disputes.

	Family violence is conduct by one family member which causes another family member to fear for the safety of themselves or another person. The amended ''DA'' characterizes this as threatening or violent behaviour, or a pattern of coercive or controlling behaviour (see s 2(1) of the amended ''DA'' for the definition of family violence and a list of conduct which meets this definition). These behaviours need not be criminal offences, nor are they required to meet the threshold for proof in criminal law to qualify as family violence under the updated ''DA''. If a child is exposed to direct or indirect violence, this is considered family violence and possibly child abuse.		Family violence is conduct by one family member which causes another family member to fear for the safety of themselves or another person. The amended ''DA'' characterizes this as threatening or violent behaviour, or a pattern of coercive or controlling behaviour (see s. 2(1) of the amended ''DA'' for the definition of family violence and a list of conduct which meets this definition). These behaviours need not be criminal offences, nor are they required to meet the threshold for proof in criminal law to qualify as family violence under the updated ''DA''. If a child is exposed to direct or indirect violence, this is considered family violence and possibly child abuse.

	Under the amended ''Divorce Act'', family violence will be a factor under consideration in establishing parenting and contact arrangements for children (s 16(3)(j) of the amended ''DA''). The factors provided are 16(4)(a-h) of the most recent ''Divorce Act''. Courts may consider family violence grounds to modify or waive notice requirements for changes in residence (s 16.96(3)). Family violence will also be a factor in determining whether family dispute resolution would be inappropriate (s 7.7(2) of the amended ''DA'').		Under the amended ''Divorce Act'', family violence will be a factor under consideration in establishing parenting and contact arrangements for children (s. 16(3)(j) of the amended ''DA''). The factors provided are s. 16(4)(a-h) of the most recent ''Divorce Act''. Courts may consider family violence grounds to modify or waive notice requirements for changes in residence (s. 16.96(3)). Family violence will also be a factor in determining whether family dispute resolution would be inappropriate (s. 7.7(2) of the amended ''DA'').

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LSLAP: /* A. Family Law Act */

2025-11-09T23:18:53Z

A. Family Law Act

← Older revision		Revision as of 23:18, 9 November 2025
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	Before issuing a protection order, courts will consider the history of family violence, the nature of that violence, the present relationship between the at-risk family member and the violent family member, and circumstances which increase the risk of violence or the vulnerability of the at-risk family member (s. 184(1)).		Before issuing a protection order, courts will consider the history of family violence, the nature of that violence, the present relationship between the at-risk family member and the violent family member, and circumstances which increase the risk of violence or the vulnerability of the at-risk family member (s. 184(1)).

	Protection orders may prohibit direct or indirect communication, attending locations frequently entered by the at-risk family member, and possessing a weapon (see s 18(3) for additional prohibitions). Unless the court establishes otherwise, an order will expire one year after the date it is issued.		Protection orders may prohibit direct or indirect communication, attending locations frequently entered by the at-risk family member, and possessing a weapon (see s. 18(3) for additional prohibitions). Unless the court establishes otherwise, an order will expire one year after the date it is issued.

	== B. Divorce Act ==		== B. Divorce Act ==

LSLAP: /* A. Family Law Act */

2025-11-09T23:18:15Z

A. Family Law Act

← Older revision		Revision as of 23:18, 9 November 2025
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	Applications for a protection order can be made alongside applications for other family court orders or on their own. The involvement of the criminal justice system is not required. Applications can be made in both Provincial Court and Supreme Court.		Applications for a protection order can be made alongside applications for other family court orders or on their own. The involvement of the criminal justice system is not required. Applications can be made in both Provincial Court and Supreme Court.

	There is no cost to apply for a protection order in BC Provincial Court. If you are seeking a divorce, you may apply for a protection order at the BC Supreme Court for a fee ($80 for divorce proceedings that have begun, and $200 if not). It is possible to obtain an order to waive fees at the Supreme Court. The Legal Services Society publication “For Your Protection” outlines the process and the forms required to seek a protection order. https://info.legalaid.bc.ca/resources/family-law~~/your-protectionhttps://familylaw.lss.bc.ca/publications~~/your-protection		There is no cost to apply for a protection order in BC Provincial Court. If you are seeking a divorce, you may apply for a protection order at the BC Supreme Court for a fee ($80 for divorce proceedings that have begun, and $200 if not). It is possible to obtain an order to waive fees at the Supreme Court. The Legal Services Society publication “For Your Protection” outlines the process and the forms required to seek a protection order. https://info.legalaid.bc.ca/resources/family-law/your-protection

	Before issuing a protection order, courts will consider the history of family violence, the nature of that violence, the present relationship between the at-risk family member and the violent family member, and circumstances which increase the risk of violence or the vulnerability of the at-risk family member (s. 184(1)).		Before issuing a protection order, courts will consider the history of family violence, the nature of that violence, the present relationship between the at-risk family member and the violent family member, and circumstances which increase the risk of violence or the vulnerability of the at-risk family member (s. 184(1)).

LSLAP: /* A. Family Law Act */

2025-11-09T23:17:19Z

A. Family Law Act

← Older revision		Revision as of 23:17, 9 November 2025
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	== A. Family Law Act ==		== A. Family Law Act ==

	Under the ''FLA'', a court may issue a family law protection order against a family member in a dispute when there is a likelihood of family violence. Family violence is inclusive of physical, emotional, or psychological abuse. When children are involved, both direct and indirect exposure to violence meet the definition of family violence in s 1 of the Act.		Under the ''FLA'', a court may issue a family law protection order against a family member in a dispute when there is a likelihood of family violence. Family violence is inclusive of physical, emotional, or psychological abuse. When children are involved, both direct and indirect exposure to violence meet the definition of family violence in s. 1 of the ''Act''.

	Applications for a protection order can be made alongside applications for other family court orders or on their own. The involvement of the criminal justice system is not required. Applications can be made in both Provincial Court and Supreme Court.		Applications for a protection order can be made alongside applications for other family court orders or on their own. The involvement of the criminal justice system is not required. Applications can be made in both Provincial Court and Supreme Court.

	There is no cost to apply for a protection order in BC Provincial Court. If you are seeking a divorce, you may apply for a protection order at the BC Supreme Court for a fee ($80 for divorce proceedings that have begun, and $200 if not). It is possible to obtain an order to waive fees at the Supreme Court. The Legal Services Society publication “For Your Protection” outlines the process and the forms required to seek a protection order. https://familylaw.lss.bc.ca/publications/your-protection		There is no cost to apply for a protection order in BC Provincial Court. If you are seeking a divorce, you may apply for a protection order at the BC Supreme Court for a fee ($80 for divorce proceedings that have begun, and $200 if not). It is possible to obtain an order to waive fees at the Supreme Court. The Legal Services Society publication “For Your Protection” outlines the process and the forms required to seek a protection order. https://info.legalaid.bc.ca/resources/family-law/your-protectionhttps://familylaw.lss.bc.ca/publications/your-protection
			Before issuing a protection order, courts will consider the history of family violence, the nature of that violence, the present relationship between the at-risk family member and the violent family member, and circumstances which increase the risk of violence or the vulnerability of the at-risk family member (s. 184(1)).

	Before issuing a protection order, courts will consider the history of family violence, the nature of that violence, the present relationship between the at-risk family member and the violent family member, and circumstances which increase the risk of violence or the vulnerability of the at-risk family member (s 184(1)).		Protection orders may prohibit direct or indirect communication, attending locations frequently entered by the at-risk family member, and possessing a weapon (see s 18(3) for additional prohibitions). Unless the court establishes otherwise, an order will expire one year after the date it is issued.

	Protection orders may prohibit direct or indirect communication, attending locations frequently entered by the at-risk family member, and possessing a weapon (see s 18(3) for additional prohibitions). Unless the court establishes otherwise, an order will expire one year after the date it is issued.

	== B. Divorce Act ==		== B. Divorce Act ==

LSLAP at 00:38, 3 September 2024

2024-09-03T00:38:38Z

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	{{REVIEWED LSLAP \| date = 23 ~~June~~ 2024}}		{{REVIEWED LSLAP \| date = June 23, 2024}}
	{{LSLAP Manual TOC\|expanded = family}}		{{LSLAP Manual TOC\|expanded = family}}

LSLAP at 19:48, 30 August 2024

2024-08-30T19:48:03Z

← Older revision		Revision as of 19:48, 30 August 2024
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	{{REVIEWED LSLAP \| date= ~~July 12, 2023~~}}		{{REVIEWED LSLAP \| date = 23 June 2024}}
	{{LSLAP Manual TOC\|expanded = family}}		{{LSLAP Manual TOC\|expanded = family}}

	== A. Family Law Act ==		== A. Family Law Act ==

	Under the FLA, a court may issue a family law protection order against a family member in a dispute when there is a likelihood of family violence. Family violence is inclusive of physical, emotional, or psychological abuse. When children are involved, both direct and indirect exposure to violence meet the definition of family violence in s 1 of the Act.		Under the ''FLA'', a court may issue a family law protection order against a family member in a dispute when there is a likelihood of family violence. Family violence is inclusive of physical, emotional, or psychological abuse. When children are involved, both direct and indirect exposure to violence meet the definition of family violence in s 1 of the Act.

	Applications for a protection order can be made alongside applications for other family court orders or on their own. The involvement of the criminal justice system is not required. Applications can be made in both Provincial Court and Supreme Court.		Applications for a protection order can be made alongside applications for other family court orders or on their own. The involvement of the criminal justice system is not required. Applications can be made in both Provincial Court and Supreme Court.
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	== B. Divorce Act ==		== B. Divorce Act ==

	Effective March 1, 2021, the amended Divorce Act will include provisions for identifying family violence and assessing its relevance to family disputes. The following provisions will come into force on that date.		Effective March 1, 2021, the amended ''Divorce Act'' will include provisions for identifying family violence and assessing its relevance to family disputes. The following provisions will come into force on that date.

	Family violence is conduct by one family member which causes another family member to fear for the safety of themselves or another person. The amended DA characterizes this as threatening or violent behaviour, or a pattern of coercive or controlling behaviour (see s 2(1) of the amended DA for the definition of family violence and a list of conduct which meets this definition). These behaviours need not be criminal offences, nor are they required to meet the threshold for proof in criminal law to qualify as family violence under the updated DA. If a child is exposed to direct or indirect violence, this is considered family violence and possibly child abuse.		Family violence is conduct by one family member which causes another family member to fear for the safety of themselves or another person. The amended ''DA'' characterizes this as threatening or violent behaviour, or a pattern of coercive or controlling behaviour (see s 2(1) of the amended ''DA'' for the definition of family violence and a list of conduct which meets this definition). These behaviours need not be criminal offences, nor are they required to meet the threshold for proof in criminal law to qualify as family violence under the updated ''DA''. If a child is exposed to direct or indirect violence, this is considered family violence and possibly child abuse.

	Under the amended Divorce Act, family violence will be a factor under consideration in establishing parenting and contact arrangements for children (s 16(3)(j) of the amended DA). The factors provided are 16(4)(a-h) of the most recent Divorce Act. Courts may consider family violence grounds to modify or waive notice requirements for changes in residence (s 16.96(3)). Family violence will also be a factor in determining whether family dispute resolution would be inappropriate (s 7.7(2) of the amended DA).		Under the amended ''Divorce Act'', family violence will be a factor under consideration in establishing parenting and contact arrangements for children (s 16(3)(j) of the amended ''DA''). The factors provided are 16(4)(a-h) of the most recent ''Divorce Act''. Courts may consider family violence grounds to modify or waive notice requirements for changes in residence (s 16.96(3)). Family violence will also be a factor in determining whether family dispute resolution would be inappropriate (s 7.7(2) of the amended ''DA'').

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LSLAP at 05:18, 24 August 2023

2023-08-24T05:18:32Z

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	{{REVIEWED LSLAP \| date= ~~August 10~~, ~~2022~~}}		{{REVIEWED LSLAP \| date= July 12, 2023}}
	{{LSLAP Manual TOC\|expanded = family}}		{{LSLAP Manual TOC\|expanded = family}}

LSLAP at 19:43, 10 August 2022

2022-08-10T19:43:24Z

← Older revision		Revision as of 19:43, 10 August 2022
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	{{REVIEWED LSLAP \| date= August 12, ~~2021~~}}		{{REVIEWED LSLAP \| date= August 10, 2022}}
	{{LSLAP Manual TOC\|expanded = family}}		{{LSLAP Manual TOC\|expanded = family}}

← Older revision		Revision as of 16:30, 10 November 2025
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	== A. Family Law Act ==		== A. Family Law Act ==

	Under the ''FLA'', a court may issue a family law protection order against a family member in a dispute when there is a likelihood of family violence. Family violence is inclusive of physical, emotional, or psychological abuse. When children are involved, both direct and indirect exposure to violence meet the definition of family violence in s. 1 of the ''Act''.		Under the ''FLA'', a court may issue a family law protection order against a family member in a dispute when there is a likelihood of family violence. Family violence is inclusive of physical, emotional, or psychological abuse. When children are involved, both direct and indirect exposure to violence meet the definition of family violence in s 1 of the ''Act''.

	Applications for a protection order can be made alongside applications for other family court orders or on their own. The involvement of the criminal justice system is not required. Applications can be made in both Provincial Court and Supreme Court.		Applications for a protection order can be made alongside applications for other family court orders or on their own. The involvement of the criminal justice system is not required. Applications can be made in both Provincial Court and Supreme Court.
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	There is no cost to apply for a protection order in BC Provincial Court. If you are seeking a divorce, you may apply for a protection order at the BC Supreme Court for a fee ($80 for divorce proceedings that have begun, and $200 if not). It is possible to obtain an order to waive fees at the Supreme Court. The Legal Services Society publication “For Your Protection” outlines the process and the forms required to seek a protection order. https://info.legalaid.bc.ca/resources/family-law/your-protection		There is no cost to apply for a protection order in BC Provincial Court. If you are seeking a divorce, you may apply for a protection order at the BC Supreme Court for a fee ($80 for divorce proceedings that have begun, and $200 if not). It is possible to obtain an order to waive fees at the Supreme Court. The Legal Services Society publication “For Your Protection” outlines the process and the forms required to seek a protection order. https://info.legalaid.bc.ca/resources/family-law/your-protection

	Before issuing a protection order, courts will consider the history of family violence, the nature of that violence, the present relationship between the at-risk family member and the violent family member, and circumstances which increase the risk of violence or the vulnerability of the at-risk family member (s. 184(1)).		Before issuing a protection order, courts will consider the history of family violence, the nature of that violence, the present relationship between the at-risk family member and the violent family member, and circumstances which increase the risk of violence or the vulnerability of the at-risk family member (s 184(1)).

	Protection orders may prohibit direct or indirect communication, attending locations frequently entered by the at-risk family member, and possessing a weapon (see s. 18(3) for additional prohibitions). Unless the court establishes otherwise, an order will expire one year after the date it is issued.		Protection orders may prohibit direct or indirect communication, attending locations frequently entered by the at-risk family member, and possessing a weapon (see s 18(3) for additional prohibitions). Unless the court establishes otherwise, an order will expire one year after the date it is issued.

	== B. Divorce Act ==		== B. Divorce Act ==
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	Effective March 1, 2021, the amended ''Divorce Act'' includes provisions for identifying family violence and assessing its relevance to family disputes.		Effective March 1, 2021, the amended ''Divorce Act'' includes provisions for identifying family violence and assessing its relevance to family disputes.

	Family violence is conduct by one family member which causes another family member to fear for the safety of themselves or another person. The amended ''DA'' characterizes this as threatening or violent behaviour, or a pattern of coercive or controlling behaviour (see s. 2(1) of the amended ''DA'' for the definition of family violence and a list of conduct which meets this definition). These behaviours need not be criminal offences, nor are they required to meet the threshold for proof in criminal law to qualify as family violence under the updated ''DA''. If a child is exposed to direct or indirect violence, this is considered family violence and possibly child abuse.		Family violence is conduct by one family member which causes another family member to fear for the safety of themselves or another person. The amended ''DA'' characterizes this as threatening or violent behaviour, or a pattern of coercive or controlling behaviour (see s 2(1) of the amended ''DA'' for the definition of family violence and a list of conduct which meets this definition). These behaviours need not be criminal offences, nor are they required to meet the threshold for proof in criminal law to qualify as family violence under the updated ''DA''. If a child is exposed to direct or indirect violence, this is considered family violence and possibly child abuse.

	Under the amended ''Divorce Act'', family violence will be a factor under consideration in establishing parenting and contact arrangements for children (s. 16(3)(j) of the amended ''DA''). The factors provided are s. 16(4)(a-h) of the most recent ''Divorce Act''. Courts may consider family violence grounds to modify or waive notice requirements for changes in residence (s. 16.96(3)). Family violence will also be a factor in determining whether family dispute resolution would be inappropriate (s. 7.7(2) of the amended ''DA'').		Under the amended ''Divorce Act'', family violence will be a factor under consideration in establishing parenting and contact arrangements for children (s 16(3)(j) of the amended ''DA''). The factors provided are s 16(4)(a-h) of the most recent ''Divorce Act''. Courts may consider family violence grounds to modify or waive notice requirements for changes in residence (s 16.96(3)). Family violence will also be a factor in determining whether family dispute resolution would be inappropriate (s 7.7(2) of the amended ''DA'').

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