Family violence can be a frightening experience that can leave people feeling isolated and vulnerable. If you have experienced family violence or feel you or a loved one may be at risk, you may be able to obtain a protection order. In this blog post we focus on options relating to violence in the context of a family or relationship.

What is a protection order?

A “protection order”, also commonly referred to as a “restraining order”, is a court order made by a judge to help protect one person from potential future violence.

There are two main types of protection orders:

• Peace Bond (technical name is “810 recognizance”): there must be proof that it is more likely than not that an individual fears a defendant will cause personal injury to another person, their intimate partner or child, or damage their property and that fear must be objectively reasonable. This may be filed against any person, including someone the person in fear has only dated. To request a peace bond, you typically would contact the police and work with Crown Counsel. It is applied for under section 810 of the Criminal Code of Canada in criminal court and there is no fee involved.
• Family Law Protection Order: the court must determine if it is more likely than not that family violence is likely to occur and that an individual is at risk. This protection order is made under the Family Law Act and does not involve the criminal system. It can be applied for on its own or along with other family court orders in Provincial or Supreme Court and relates to protection from a family member.

The order typically lists conditions that a named individual must follow such as:

• to stay away from your home, workplace, school, or other places where you, your children, or other family members spend time;
• not to contact you, your children, or other family members who might be in danger, including by phone or e-mail;
• not to follow you, your children, or other family members; or
• not to have a weapon.

It may also include that the police can:

• go with you to your home if you need to get your personal belongings; or
• make the person named in the order leave the family home.

What is Family Violence?

Family violence is any conduct, whether it is a criminal offence or not, by a family member that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour or that causes another family member to fear for their own safety or for that of another person, including:

• abusing you or a family member physically (including forced confinement), sexually, emotionally or psychologically;
• attempting to physically or sexually abuse you or a family member;
• intimidation, coercion or threats, including threats about other people, pets or property;
• following or stalking you;
• harassing you through social media, text message, email, phone, or in-person;
• financial abuse, including unreasonable restriction on, or prevention of, a family member’s financial or personal autonomy;
• intentional damage to your property; and
• exposing your children directly or indirectly to family violence.

Who is a family member?

A common misconception is that a family protection order can only be taken out against a former partner or spouse. Under the Family Law Act, a family protection order can also be made against:

• someone you are or were married to;
• someone you live or lived with in a marriage-like relationship for any length of time (also referred to as common-law relationship);
• your children’s other parent or legal guardian;
• a relative of your spouse who lives with them;
• a relative of your children’s other parent or legal guardian who lives with them;
• a relative of yours who lives with you; or
• your own children.

If the individual you are seeking protection from does not fall into any of the above categories, then you will want to contact the police about the potential for obtaining a peace bond.

How to apply for a family protection order?

Your application to the court should include the appropriate protection order form (depends on whether you go to Provincial or Supreme Court) with an attached affidavit, including a statement with details about your situation and any other relevant documents such as police reports, photographs, and/or medical reports. You can apply for the order yourself, or someone can apply on your behalf.

Your affidavit should include the following:

• details about your relationship: how you know the individual you are seeking protection from, how long you have lived together (including dates), when you were married, separated or divorced, names and birth dates of any children you have together, where they normally live and who they are with at the time you are applying.
• details of any incidents of family violence: date, location, what happened, if the children were there, whether the police were called and if they came what they did as well as any police file numbers.
• supporting documents: any written agreements or court orders you already have about conduct or the family law matter, medical records, police reports, photographs or any other records relating to the incidents of abuse.

If you are concerned about your safety and don’t want the other person to know that you are applying for a protection order, a legal professional can help you navigate the process and apply for the order without notice to the other person until after the order is granted. In your application materials, you will need to include information for the reason you are seeking the order without notice.

What happens next?

Though you may not be required to tell the other person that you are applying for a protection order if you are at imminent risk, the other person must be notified and receive a copy of the order once it has been granted. Typically, a family protection order lasts for one year unless the judge decides that a longer or shorter timeline is appropriate.

The individual named in the protection order is required to follow the terms immediately and a failure to comply with the terms can result in significant legal consequences, including arrest. If the named individual breaches the conditions of the order, call the police right away. The police will have access to your protection order on the confidential Protection Order Registry.

How long does it take?

This generally depends on how quickly you are able to provide us with the information needed to prepare the application and then the availability of our lawyers and the court. Where there is imminent danger and we have capacity, we may be able to proceed on a rush basis to obtain a protection order within a week of intake. Usually, however, it takes a few weeks to get the records together and prepare the application materials. We are mindful to balance safety concerns with the need to prepare comprehensive application materials.

How Much Does it Cost?

This is also highly dependent on your particular situation, including how many incidents of family violence there have been as well as the nature of those incidents and whether children have also been exposed to the family violence. It also depends on whether you are filing for divorce or other orders at the same time as the protection order or proceeding with the protection order on its own. Finally, when we attend court we cannot control whether we are heard at the beginning of the day or need to wait all day which of course significantly impacts the fees. Generally, an application for a protection order costs around $4,000-$6,000.

Need Help?

If you have been a victim of family violence and are considering applying for a family protection order, we can help. You can reach out to our intake team at  778.666.3723 or by email to litigationcoldcalls@rdmlawyers.com. We will first need to confirm who the parties are and that we are able to represent you and then will schedule you for a consult with one of our experienced Family Lawyers to talk about what options are available to you.

A step-by-step guide for how to apply for a family law protection order is also available from Legal Aid BC here: https://family.legalaid.bc.ca/abuse-family-violence/protecting-yourself-your-family/apply-family-law-protection-order-without#0. It includes tips for ways to protect yourself and your children before and after you have left your partner.