Jagriti Jaswal- Published April 12, 2023
In British Columbia, restraining orders are known as Protection Orders and they can be applied against the current partner, former partner, parent/ guardian and other relatives.
Protection orders are court orders and are made to protect one person from another and typically list conditions that the individual has to follow relating to contact with the other party. They are necessary if an individual believes any family violence is likely to occur and they or their children have been assaulted, harassed, stalked, threatened, or had their property intentional damaged by this person.
The risk factors that protection orders will consider in protection order applications are listed in section 184(1) of the Family Law Act.
The s. 184(1) risk factors include:
- any history of family violence by the family member against whom the order is to be made;
- whether any family violence is repetitive or escalating;
- whether any psychological or emotional abuse constitutes, or is evidence of, a pattern of coercive and controlling behaviour directed at the at-risk family member;
- the current status of the relationship between the family member against whom the order is to be made and the at-risk family member, including any recent separation or intention to separate;
- any circumstance of the family member against whom the order is to be made that may increase the risk of family violence by that family member, including substance abuse, employment or financial problems, mental health problems associated with a risk of violence, access to weapons, or a history of violence;
- the at-risk family member’s perception of risks to his or her own safety and security;
- any circumstance that may increase the at-risk family member’s vulnerability, including pregnancy, age, family circumstances, health or economic dependence.
If you or a family member are suffering from family violence or need advice on any aspect of the protection order process, reach out to us at Portside Law and our team would be happy to assist you, 604 545 6145.
Disclaimer – By contacting Portside Law Corporation through email, phone or direct message does not establish an attorney-client relationship. An attorney-client relationship is formed once both parties agree in writing to such a relationship. The information found in this document is of general nature and is not intended to be legal advice. Please contact our office to speak further about any particular legal question you may have.