Victims of Relationship Violence (4:VI) - Revision history

Nate Russell at 20:59, 24 September 2026

2026-09-24T20:59:46Z

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	#the conduct, on an objective measure, constitutes coercive control		#the conduct, on an objective measure, constitutes coercive control

	''Ahluwalia v. Ahluwalia'', 2026 SCC 16		''[https://canlii.ca/t/kkzk1 Ahluwalia v. Ahluwalia]'', 2026 SCC 16

	The Supreme Court's summary of the case can be found here:		The Supreme Court's summary of the case can be found here: [https://www.scc-csc.ca/judgments-jugements/cb/2026/41061/ Case in Brief - ''Ahluwalia v. Ahluwalia'']

	''[https://www.scc-csc.ca/judgments-jugements/cb/2026/41061/ Ahluwalia v. Ahluwalia]''

	However, this decision is very recent and has not been applied in subsequent cases. More cases will need to interpret how this new tort will look in practice going forward.		However, this decision is very recent and has not been applied in subsequent cases. More cases will need to interpret how this new tort will look in practice going forward.

	{{LSLAP Manual Navbox\|type=chapters1-7}}		{{LSLAP Manual Navbox\|type=chapters1-7}}

Nate Russell: 2026 update

2026-09-24T20:53:25Z

2026 update

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LSLAP at 18:57, 13 October 2025

2025-10-13T18:57:44Z

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	{{REVIEWED LSLAP \| date= ~~July 13, 2024~~}}		{{REVIEWED LSLAP \| date= 25 August 2025}}
	{{LSLAP Manual TOC\|expanded = victims}}		{{LSLAP Manual TOC\|expanded = victims}}

LSLAP: /* 2. Civil or family court orders */

2025-09-21T03:02:42Z

2. Civil or family court orders

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	A number of orders are available pursuant to the Family Law Act, SBC 2011, c 25 [FLA]. A victim or their representative can bring an application in Provincial (Family) Court or in the British Columbia Supreme Court. Orders involving property such as exclusive use of the family home can only be obtained in Supreme Court. However, in cases where there are urgent safety concerns, the police should be contacted before pursuing the matter in Family Court as the police will respond immediately, and the family court process takes time.		A number of orders are available pursuant to the Family Law Act, SBC 2011, c 25 [FLA]. A victim or their representative can bring an application in Provincial (Family) Court or in the British Columbia Supreme Court. Orders involving property such as exclusive use of the family home can only be obtained in Supreme Court. However, in cases where there are urgent safety concerns, the police should be contacted before pursuing the matter in Family Court as the police will respond immediately, and the family court process takes time.

	~~====~~ a) Protection orders (''FLA'' Part 9) ~~====~~		:'''a) Protection orders (''FLA'' Part 9)'''

	A protection order limits contact and communication between family members where there is a safety risk. It is designed to protect “at-risk family members,” defined as people whose safety and security is likely at risk from family violence. An application for a protection order may be made by a person claiming to be an at-risk family member, by a person on behalf of an at-risk family member, or on the court’s own initiative. A protection order may restrain a family member from contacting or communicating with an at-risk family member and from attending at or entering a place regularly attended by the at-risk family member (FLA, s 183). An application for a protection order may be made without notice, but in such applications, the court still has the option to set aside the order or change it in some respect on application by the party against whom the order is made (FLA, s 186). Unless otherwise stated, a protection order expires one year after the date it is made. Breach of a protection order under the FLA is a criminal offence.		:A protection order limits contact and communication between family members where there is a safety risk. It is designed to protect “at-risk family members,” defined as people whose safety and security is likely at risk from family violence. An application for a protection order may be made by a person claiming to be an at-risk family member, by a person on behalf of an at-risk family member, or on the court’s own initiative. A protection order may restrain a family member from contacting or communicating with an at-risk family member and from attending at or entering a place regularly attended by the at-risk family member (FLA, s 183). An application for a protection order may be made without notice, but in such applications, the court still has the option to set aside the order or change it in some respect on application by the party against whom the order is made (FLA, s 186). Unless otherwise stated, a protection order expires one year after the date it is made. Breach of a protection order under the FLA is a criminal offence.

	~~====~~ b) Temporary orders respecting family residence (''FLA'' s 90) ~~====~~		:'''b) Temporary orders respecting family residence (''FLA'' s 90)'''

	This order is only available from the BC Supreme Court. It gives the victim the legal right to occupy the home exclusive of the other party, or to possess and use specified personal property stored at the family residence, including to the exclusion of the other party. The victim and the other party must be spouses, meaning they must be married or have been living in a marriage-like relationship and have done so for a continuous period of at least two years, or have a child together. This order lasts as long as they both have a legal right to be on the property. A court does not have jurisdiction to grant this order where the family home is situated on an Indian reserve.		:This order is only available from the BC Supreme Court. It gives the victim the legal right to occupy the home exclusive of the other party, or to possess and use specified personal property stored at the family residence, including to the exclusion of the other party. The victim and the other party must be spouses, meaning they must be married or have been living in a marriage-like relationship and have done so for a continuous period of at least two years, or have a child together. This order lasts as long as they both have a legal right to be on the property. A court does not have jurisdiction to grant this order where the family home is situated on an Indian reserve.

	== C. A Note on Services that may be Harmful to Victims' Interests ==		== C. A Note on Services that may be Harmful to Victims' Interests ==

LSLAP: /* 2. Alternative measures in domestic violence cases */

2025-09-21T02:24:39Z

2. Alternative measures in domestic violence cases

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	Alternative Measures in cases of violence in relationships are generally considered inappropriate unless the victim agrees to them. It is Crown policy that the use of Alternative Measures must not conflict with the protection of society. Alternative Measures may be considered in cases of domestic violence, but only if there is no significant physical injury, there is no other history of domestic violence, and there is no reason to conclude that there is a significant risk of further offences.		Alternative Measures in cases of violence in relationships are generally considered inappropriate unless the victim agrees to them. It is Crown policy that the use of Alternative Measures must not conflict with the protection of society. Alternative Measures may be considered in cases of domestic violence, but only if there is no significant physical injury, there is no other history of domestic violence, and there is no reason to conclude that there is a significant risk of further offences.

	See section X: Trauma-Informed and Restorative Justice of this chapter for more information on potential Alternative Measures.		See [[Trauma Informed Practice and Restorative Justice (4:X) \| section X: Trauma-Informed and Restorative Justice]] of this chapter for more information on potential Alternative Measures.

	== B. Court Orders ==		== B. Court Orders ==

LSLAP: /* 1. Arrest and charge */

2025-09-21T02:19:32Z

1. Arrest and charge

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	If the alleged offender is released from custody, the police will normally make every effort to notify the victim and explain any conditions prior to the accused’s release.		If the alleged offender is released from custody, the police will normally make every effort to notify the victim and explain any conditions prior to the accused’s release.

	Where there is evidence that an offence occurred, the police will submit a Report to Crown Counsel recommending a charge even if no injury has occurred and regardless of the victim’s desire or unwillingness to testify. It is the responsibility of Crown Counsel and the police to pursue criminal charges, not the victims. Victims do not need to provide a written statement; however, the police may encourage the victim to do so.		Where there is evidence that an offence occurred, the police will submit a Report to Crown Counsel recommending a charge even if no injury has occurred and regardless of the victim’s desire or unwillingness to testify. It is the responsibility of Crown Counsel and the police to pursue criminal charges, not the victims. '''Victims do not need to provide a written statement'''; however, the police may encourage the victim to do so.

	Police should also refer all victims to victim services and arrange safe transportation to transition homes or safe shelters. In power-based crimes, such as sexual assault, police will refer victims to a community-based victim services worker or program if the program exists in the community. Please see the Victim Services Directory referred to in this chapter for a list of programs in British Columbia.		Police should also refer all victims to victim services and arrange safe transportation to transition homes or safe shelters. In power-based crimes, such as sexual assault, police will refer victims to a community-based victim services worker or program if the program exists in the community. Please see the Victim Services Directory referred to in this chapter for a list of programs in British Columbia.

	=== 2. Alternative measures in domestic violence cases ===		=== 2. Alternative measures in domestic violence cases ===

LSLAP at 02:18, 21 September 2025

2025-09-21T02:18:16Z

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	The ''Criminal Code'' does not refer to specific family violence or intimate partner violence offences; however, general application offences contained in the ''Criminal Code'' prohibit these forms of violence. Relevant criminal offences can be found at https://www.justice.gc.ca/eng/cj-jp/fv-vf/laws-lois.html.		The ''Criminal Code'' does not refer to specific family violence or intimate partner violence offences; however, general application offences contained in the ''Criminal Code'' prohibit these forms of violence. Relevant criminal offences can be found at https://www.justice.gc.ca/eng/cj-jp/fv-vf/laws-lois.html.

	Information pertaining to family violence can be found at https://www.justice.gc.ca/eng/cj-jp/fv-vf/about-apropos.html#types and information pertaining specifically to intimate partner violence can be found at ~~C:\Users\JustineDavidson\Downloads\at~~ https://women-gender-equality.canada.ca/en/gender-based-violence/intimate-partner-violence.html#law.		Information pertaining to family violence can be found at https://www.justice.gc.ca/eng/cj-jp/fv-vf/about-apropos.html#types and information pertaining specifically to intimate partner violence can be found at https://women-gender-equality.canada.ca/en/gender-based-violence/intimate-partner-violence.html#law.

	== A. BC Government Policy ==		== A. BC Government Policy ==

LSLAP at 21:30, 17 September 2025

2025-09-17T21:30:51Z

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LSLAP at 01:38, 26 August 2024

2024-08-26T01:38:23Z

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Clicklaw Editor at 18:09, 8 August 2023

2023-08-08T18:09:09Z

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	Information pertaining to family violence can be found at [https://www.justice.gc.ca/eng/cj-jp/fv-vf/about-apropos.html About Family Violence - justice.gc.ca] and information pertaining specifically to intimate partner violence can be found at [https://women-gender-equality.canada.ca/en/gender-based-violence/intimate-partner-violence.html#law Intimate partner violence - Women and Gender Equality Canada].		Information pertaining to family violence can be found at [https://www.justice.gc.ca/eng/cj-jp/fv-vf/about-apropos.html About Family Violence - justice.gc.ca] and information pertaining specifically to intimate partner violence can be found at [https://women-gender-equality.canada.ca/en/gender-based-violence/intimate-partner-violence.html#law Intimate partner violence - Women and Gender Equality Canada].


	== A. BC Government Policy ==		== A. BC Government Policy ==
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	Police should also refer all victims to victim services and arrange safe transportation to transition homes or safe shelters. In power-based crimes, such as sexual assault, police will refer victims to a community-based victim services worker or program if the program exists in the community. Please see the Victim Services Directory referred to in this chapter for a list of programs in British Columbia.		Police should also refer all victims to victim services and arrange safe transportation to transition homes or safe shelters. In power-based crimes, such as sexual assault, police will refer victims to a community-based victim services worker or program if the program exists in the community. Please see the Victim Services Directory referred to in this chapter for a list of programs in British Columbia.


	=== 2. Requirements of Offender Diversion ===		=== 2. Requirements of Offender Diversion ===