Difference between revisions of "Victims of Relationship Violence (4:VI)"

A number of orders are available pursuant to the ''Family Law Ac''t, 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, you should contact the police before pursuing the matter in Family Court as the police will respond immediately, and the family court process takes time.'''   

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 or is likely at risk from family violence carried out by a family member.  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.