Difference between revisions of "Introduction to Family Violence"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.boydarbitration.ca/ JP Boyd, KC], Boyd Arbitration Chambers; [https://duncanallenlaw.com/team_member/tannis-baradziej/ Tannis Baradziej], Duncan Allen Law LLP; and Manjeet Chana, People's Law School|date= December 2021}} {{Dial-A-Law TOC|expanded = relationships}}
If you or someone you know is a victim of family violence, there is help. You can get in touch with the police, community workers, the court system, or all of these resources as needed. Learn steps you can take to stay safe and protect yourself and your family.


{{Dial-A-Law TOC|expanded = family}}
{| class="wikitable"
==What is family violence?==
|align="left"|'''Alert!'''
Family violence is more than just beating a partner or child. It’s the abuse of power to harm or control a person who was or is a family member. Family violence includes:
This information has been updated to reflect [https://dialalaw.peopleslawschool.ca/the-divorce-act-is-changing/ changes to the ''Divorce Act''] that took effect on March 1, 2021, as well as [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021.
*physical abuse, such as pushing, hitting or forcible confinement, and attempts to physically abuse
|}
*sexual abuse, and attempts to sexually abuse
*psychological or emotional abuse
*harassment, intimidation and coercion
*threats, including threats to other people and to pets
*stalking and following
*restricting a person’s independence, including their financial independence
*damaging property


In the case of children, family violence includes being exposed to family violence, including indirect exposure to family violence
==What you should know==


Although family violence is often directed by men at women, anyone can be abused.
===Family violence is abusive, controlling behavior===
'''Family violence''' is any kind of abusive behavior used to get power and control over a family member. It can be intentional or unintentional and can happen during a relationship or after it ends.


==Abuse is wrong==
Family violence includes physical abuse (such as hitting a partner or child). It also includes:
No one deserves to be abused. It’s against the law for anyone to physically abuse, threaten or harass another person. A person who does these things to their partner (whether in a married relationship or an unmarried relationship) can be charged with assault.


==What can you do about family violence in your relationship?==
* sexual abuse
If it is an emergency, call the police. In addition to ensuring you are safe, the police can assess whether criminal charges may be necessary. They can also connect you to community services, which might include helping you find emergency shelter. You and your children might be able to stay in a nearby transition house for up to several weeks. This will help give you time to find a new place to live.
* psychological abuse
* emotional or verbal abuse
* threats, including threats to harm other people or pets
* harassment, intimidation, and coercive controlling behaviours
* stalking or following
* limiting a person’s independence, including their financial independence
* damaging property


Whether it’s an emergency or not, you can also apply to court for a “protection order” under the provincial ''Family Law Act''. This is discussed below.
In family violence cases, anyone can be a victim, including children. Children can be victimized indirectly — that is, when they see violence happening between family members.


If it’s not an emergency and you wish to stay in your relationship, you might want to think about getting some counselling for your partner or for both of you and your partner. Abuse is wrong; your partner does not have the right to abuse you. If he or she will not stop, you should think about separating. Contact information for a number of counselling services is provided below.
Family violence can occur once or often. Either way, '''abuse is wrong'''. If you’ve been abused, know this: '''abuse is not your fault'''.


==What if you’re not sure about involving the police?==
===Family violence can be a crime===
If you’re afraid but don’t know about calling the police, the following services can help:
Family violence is not only a family law problem. It’s a crime. Under [https://www.justice.gc.ca/eng/cj-jp/fv-vf/laws-lois.html Canadian law], no one is allowed to physically or sexually abuse, harass, stalk, or threaten another person. Anyone who does any of these things to you or your children can be charged with a crime. The list of possible crimes is long. It includes assault, sexual assault, criminal harassment, unlawful confinement, and uttering threats.
*The Vancouver General Hospital operates a 24-hour Domestic Violence Service at Jim Pattison Pavilion – Emergency Department (920 West 10th Avenue, Vancouver). It offers clinical counselling services provided to women and men who have been abused by an intimate partner or family member. Services are free under the Medical Services Plan. Call 604.875.5458 or contact Social Worker Department at 604.875.5218.
*For more services, visit [http://www.vch.ca/locations-and-services/find-health-services/  www.vch.ca/locations-and-services/find-health-services] and search under “domestic violence”.


==What counselling or similar services are available to help?==
===If you’re in immediate danger===
Victims of family violence should seek help from community support workers, social workers or health care professionals to make sure that they have a plan for protecting their health and safety. Some people have coverage to pay for counselling through their extended health benefit plans or employee assistance programs. But some services are free and you don’t have to pay. If going to counselling with your partner isn’t an option, you may benefit from speaking with a counsellor on your own to determine the next steps for yourself and your children.
If you think that you, your children, or others are in immediate danger from your partner, there is help available.


==Some of the services available include the following:==
====Call the police====
*'''VictimLINK''' is a 24-hour victim’s information and help line. Call toll-free 1.800.563.0808 from anywhere in BC to connect with a Stopping the Violence Counselling or Children Who Witness Abuse Counselling Program in your area.
First, call the police by '''dialing 9-1-1'''. The police will usually act quickly. They’ll ensure that you, your children, and others are safe.


*The '''Battered Women’s Support Services''' offers support groups, advocacy, counselling over the telephone and much more. The intake and counselling line is 604.687.1867 and toll-free 1.855.867.1868, and their website is [http://www.bwss.org www.bwss.org].
The police can also gather evidence and suggest further options. They may, for example, recommend '''criminal charges''' or a '''peace bond'''. They may also suggest you ask for a '''protection order''' in Family Court. These steps can keep you safe by limiting your partner’s contact with you. These options are discussed below.


*The '''Vancouver & Lower Mainland Multicultural Family Support Services Society''' offers counselling for victims of domestic violence and children who witness abuse, and can provide a translator for police or court interviews. The phone number is 604.436.1025, and the agency is open from 9:00 am to 5:00 pm from Monday to Friday. See their website at [http://www.vlmfss.ca www.vlmfss.ca].
====Contact community services====
The police can also connect you to community services. This might include helping you find emergency shelter. You and your children might be able to stay in a nearby '''transition house''' for several days or weeks. This will give you time to find a new, safer place to live.


*'''Family Services of Greater Vancouver''' offers a wide variety of services for victims of domestic violence, including programs relating to abuse prevention and trauma. Call 604.731.4951 or see their website at [http://www.fsgv.ca www.fsgv.ca]. Also, in partnership with Family Services, the Vancouver Police Department operates a Domestic Violence and Criminal Harassment Unit that provides follow-up, especially if your partner has assaulted you violently or often.
Going to a transition house, a safe house, or another emergency shelter won’t compromise your right to return home. The immediate priority, though, is your and your children’s safety.


*The '''BC/Yukon Society of Transition Houses''' offers safe temporary shelter for up to 30 days for women and children experiencing domestic violence. They also offer group and individual counselling for children and youth who witness family conflicts and violence. Contact the society at 604.669.6943 in Vancouver or 1.800.661.1040 elsewhere in BC; also check their website at [http://www.bcsth.ca www.bcsth.ca].
In a moment, we highlight key community services that can help.


*'''Vancouver Rape Relief & Women’s Shelter''' operates a transition house for women and their children and a 24 crisis line for women who are trying to prevent or escape male violence. Call crisis line anytime at 604.872.8212, and check their website at [http://www.rapereliefshelter.bc.ca www.rapereliefshelter.bc.ca].
====If you aren’t in immediate danger====
If you aren’t in immediate danger, you may still be afraid for your safety, and at the same time afraid to leave the relationship. There may be many different reasons for this. You may be:


*Check a '''Directory of Victim Services and Violence Against Women Programs''' at [http://www.pssg.gov.bc.ca/victimservices/directory/ www.pssg.gov.bc.ca/victimservices/directory/].
* someone who is in a cycle of violence
* financially dependent on your partner
* worried about losing your children
* worried about losing your home and having nowhere to go
* discouraged by family or community members from reporting the abuse
* isolated and have few social supports 
* unsure of your legal rights or the social services that can help you


==What about criminal court as an option?==
Whether you want to stay in your relationship or not, '''you can get help'''. A counsellor or a victim support worker can meet with you to talk about the family violence and provide emotional support. They can also help develop a '''safety plan'''. This way you and your children can stay safe while you’re in the relationship or if you leave.
If you contact the police, they will investigate by taking a statement from you, your partner and any witnesses. If the police believe that criminal charges are appropriate, they’ll prepare a report for the prosecutor, called “Crown Counsel”. Crown Counsel will review the report and will decide whether to lay a criminal charge.


==What happens if criminal charges are laid?==
Some people have insurance that might pay some of the cost of counselling through their work. (For example, through an extended health benefit plan or employee-assistance program.) If not, there are other services that are free. You don’t always have to pay. Speaking to a counsellor or a support worker can help. The two of you can decide the next steps for you and your children.
If Crown Counsel charges your partner with a criminal offence such as assault, the police will arrest him or her. Most people charged with a criminal offence aren’t kept in police custody, but are released on bail on conditions ordered by a judge. For example, your partner may be released on conditions that he or she not have any contact with you or come to your home.


If your partner doesn’t obey the conditions, you can tell the police. He or she may be arrested and charged with breaking the bail order.
{| class="wikitable"
|align="left"|'''Making a safety plan'''
Legal Aid BC explains what's involved in [https://family.legalaid.bc.ca/abuse-family-violence/protecting-yourself-your-family/safety-planning-you-and-your-family making a safety plan] for yourself and your family.
|}


If such conditions are ordered, but you and your children want to have contact with your spouse or partner, you’ll need to talk to Crown Counsel about changing the bail order.
===Community services are available to help===
These community and healthcare services can help with counselling and support.  


==Can the criminal charges be dropped?==
'''VictimLinkBC''' is a 24-hour information and helpline for victims of family violence. Operators give support and information. Call 1-800-563-0808 (toll-free in BC) or [http://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc visit their website].
If your partner is charged, he or she may pressure you to get the charge dropped. This may not be possible, because it is Crown Counsel who lays the charge against your partner, not you. Any unwanted pressure or contact should be reported to the police.


==Will there be a trial?==
'''Battered Women’s Support Services''' offers crisis support and counselling. Contact them if you’ve been abused in an intimate relationship. Call 604-687-1867 (Lower Mainland) or 1-855-867-1868 (toll-free in BC), or [https://www.bwss.org/ visit their website].
If your partner doesn’t plead guilty to the criminal charge, a trial will be held. You’ll tell the judge what happened. Although Crown Counsel is the government’s lawyer, Crown Counsel will help you prepare to testify. You can also get help in monitoring the criminal court process and getting ready for trial by contacting the Vancouver Police Department Victim Services Unit at 604.717.2737. For more information on the court process, see the Provincial Court website at [http://www.provincialcourt.bc.ca www.provincialcourt.bc.ca].


==What happens if your partner is convicted?==
'''Vancouver & Lower Mainland Multicultural Family Support Services''' offers counselling for victims of family violence and also for children who witness abuse. Translators are available for police or court interviews. Call 1-888-436-1025 (toll-free) or [http://www.vlmfss.ca/ visit their website].
If your partner is convicted of assaulting or threatening you, he or she would usually be ordered to pay a fine or will be placed on probation with conditions, such as not contacting you, or attending counselling or an anger management program. The judge probably won’t send your partner to jail, unless he or she was previously convicted of assault or the incident was extremely violent.


==What is a peace bond?==
'''BC Society of Transition Houses''' offers safe temporary shelter for women and children fleeing family violence. You can stay up to 30 days. They also offer group and individual counselling for children and youth who witness family conflicts and violence. Call 604-669-6943 (Lower Mainland) or 1-800-661-1040 (toll-free in BC), or [http://www.bcsth.ca/ visit their website].
You may decide that the criminal court process isn’t the best way for you and your partner to deal with violence in your relationship. Crown Counsel may be willing to drop the criminal charge against your partner if he or she enters into a peace bond under section 810 of the ''Criminal Code''. This involves your partner undertaking to keep the peace and obey certain conditions, for example, not contacting you for a period of time. If your partner obeys the conditions, he or she won’t have a criminal record. If your partner doesn’t obey the conditions, he or she can be sent to trial on the original criminal charge plus a new charge for breaching the peace bond.


==What about asking for a protection order in civil court?==
'''Vancouver Rape Relief & Women’s Shelter''' operates a transition house for women and their children. They also have a 24-hour crisis line for women trying to prevent or escape family violence. Call 604-872-8212 (Lower Mainland) or [http://www.rapereliefshelter.bc.ca/ visit their website].
Another option is to apply to the Provincial Court or to the Supreme Court for a protection order under the provincial ''Family Law Act''. A protection order can:
*restrain or restrict how your partner communicates with you;
*restrain your partner from going to your home, school or place of employment;
*restrain your partner from stalking you;
*restrain your partner from possessing weapons;
*require the police to remove your partner from the home;
*require the police to escort your partner while your partner removes his or her personal property from the home;
*require the police to seize your partner’s weapons; and
*require your partner to report to the court.


The ''Family Law Act'' requires the police to enforce protection orders.
'''QMUNITY''' provides free counselling and support groups to the LGBTQ+ community. Call 604-684-5307 (Lower Mainland) or [https://qmunity.ca/ visit their website].


==Do you need a lawyer to get a protection order?==
===If you contact the police===
You can apply yourself for a protection order in either the Supreme Court or the Provincial Court, but you may find the paperwork easier in Provincial Court. In the Supreme Court, you will need to prepare a Notice of Family Claim and a Notice of Application or just a Notice of Application if there is already a court proceeding between you and your partner, plus an affidavit describing what has happened and what your concerns are. In the Provincial Court, you will need to prepare an Application to Obtain an Order and a Notice of Motion, or just a Notice of Motion if there is already a court proceeding, and you will need to either prepare an affidavit or testify in court about your concerns.
If you contact the police to report family violence, they’ll investigate. This involves taking a statement from you, your partner, and any witnesses. The police will consider whether to recommend a criminal charge. If so, they’ll prepare a report for a government lawyer, called Crown counsel.  


A family justice worker or legal aid duty counsel might be able to help you. Depending on the court’s location, a protection order can often be obtained quickly – even in the same day in some circumstances.
Crown counsel will review the police report. They’ll decide whether your partner should be charged with a crime (such as assault). If so, your partner will be arrested.


==What if you are concerned about someone else?==
====Most people who are charged are released on bail====
Any one can apply for a protection order on behalf of someone who is at risk of family violence.
Most people charged with a crime don’t stay in jail after their arrest. They’re usually released on '''bail''', on conditions ordered by a judge. A condition might be, for example, that they have no contact with you. They’re not allowed to come to your home, work, or school. If they break their bail order, you can tell the police, who can arrest and charge them.


==What if the protection order conflicts with another order?==
If you and your children want to resume contact with your partner, or want to stop the criminal court process, you’ll need to first talk to Crown counsel about changing the bail order conditions.
The ''Family Law Act'' says that if a protection order, including orders that are like protection orders made in another province or under the ''Criminal Code'', conflicts with another order made under the ''Family Law Act'', the parts of the other order that conflict with the protection order are suspended. This might happen if there is an older order for parenting time and a newer protection says that the restrained person cannot communicate with the children; the parts of the older order about parenting time would be suspended.


==What if your partner ignores the protection order?==
====If there is a criminal trial====
If your partner continues to harass you, he or she can be arrested. Your partner can be charged with a criminal offence for breaching the protection order and can be brought before the court. Your partner will be released if the judge is satisfied that he or she isn’t a danger to your safety.
If your partner is charged with a criminal offence, they might decide to '''plead guilty'''. A guilty plea means they accept responsibility for the offence. So there’s no trial. But if they choose to plead not guilty, a '''trial''' will be held in criminal court.  


==Free legal services are sometimes available==
At trial, you’ll testify under oath or affirmation. That means telling the judge the truth about what happened.  
Legal aid is available to some people who cannot afford a lawyer if they qualify financially. To find a [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.asp legal aid location] near you, go to the Legal Services Society (LSS) website at [http://www.legalaid.bc.ca www.legalaid.bc.ca] and under “Legal aid”, click “Legal aid offices”. Or call the LSS Call Centre at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (call no charge, elsewhere in BC). When applying for legal aid, you should mention that you fear further and continued violence from your partner.


Other sources of free legal advice include:
If your partner is found guilty of assaulting or threatening you, they’ll be sentenced. If they have no prior criminal record, they may not go to jail. Instead, they might be given a fine, or placed on probation with conditions such as to have no contact with you or to attend counselling.
*Supreme Court Self Help Centre in Vancouver, [http://www.supremecourtselfhelp.bc.ca www.supremecourtselfhelp.bc.ca].
*Access Probono at 1.877.762.6664, [http://www.accessprobono.ca www.accessprobono.ca].
*Justice Access Center in Vancouver (604.660.2084), Nanaimo (1.800.578.8511) and Victoria (250.356.7012), [http://www.ag.gov.bc.ca/justice-access-centre/ www.ag.gov.bc.ca/justice-access-centre/].


==Where can you find more information?==
===You can get a court order to protect yourself===
*Refer to script [[Applying for a Peace Bond and Filing Assault Charges (Script 217)|217]] on “Applying for a Peace Bond and Filing Assault Charges”.
You can get a court order to protect yourself and your family from family violence. You can seek a criminal law '''peace bond''' or a family law '''protection order''' — or both.  
*See the provincial government’s Victim Services website at [http://www.pssg.gov.bc.ca/victimservices www.pssg.gov.bc.ca/victimservices].
*Read the booklet Surviving Relationship Violence and Abuse by the Legal Services Society, BC and available free on their website at [http://www.legalaid.bc.ca www.legalaid.bc.ca]. To find it, click “Our publications” then under “I want to find a publication by subject”, click “Abuse & Family violence”.
*Also see the Legal Services Society’s Family Law in BC website at [http://www.familylaw.lss.bc.ca www.familylaw.lss.bc.ca], – under “Your legal issue,” click “[http://www.familylaw.lss.bc.ca/legal_issues/abuse.aspx Abuse]”.


Anyone can ask for a peace bond, but only '''family members''' can apply for a protection order. Family members include, for example, your partner, your child’s parent or guardian, and a relative of yours who lives with you.


[updated February 2015]
====Peace bonds====
A '''peace bond''' is a criminal court order that usually lasts for a full year. However, it can take several weeks to get a peace bond in place.


'''The above was last reviewed for accuracy by JP Boyd.'''
You can contact the police for help in getting a peace bond. If they agree you have a reasonable fear for your safety, they can recommend a peace bond to Crown counsel, who can put the recommendation before a judge. Or, if you’re already in the middle of a criminal court process, your partner may agree to enter into a peace bond voluntarily — in exchange for Crown counsel dropping any criminal charges against them. The deal will come with certain conditions. Your partner agrees to “keep the peace” and, typically, not contact you for a certain length of time.
----


If your partner follows the peace bond conditions, your partner will avoid getting a criminal record. If they don’t follow the peace bond conditions, they can be charged. Then, they’ll have to deal with the ''original'' criminal charge plus a new charge for not following the peace bond. [https://dialalaw.peopleslawschool.ca/peace-bonds/ See our information on peace bonds] for more on this process.
====Family law protection orders====
A '''protection order''' is another option to help you stay safe. It’s typically quicker and easier to get than a peace bond. (In Provincial Court, you may be able to get one on the same day.) You apply for this order under the BC ''Family Law Act''. It can set out conditions your partner must follow. These might include:
* how much, if any, contact they can have with you (and sometimes how they can communicate with you)
* not going to your home, school, or workplace
* not stalking (or following) you
* not possessing weapons
A protection order can also require the police to:
* remove your partner from the home
* escort them while they gather up their belongings
* take away their weapons
A protection order can also require your partner to report to the court.
==Common questions==
===How do I apply for a family law protection order?===
Anyone at risk of family violence can apply for a family law protection order. You can apply on your own, or a lawyer can help you.
If you’re afraid for your safety, you can apply for a protection order without having to notify your partner. You can apply in either BC Supreme Court or Provincial Court (which is sometimes called Family Court). In Family Court, there are no filing fees, and you may find the paperwork easier. On the other hand, if you also want to ask for a divorce or division of property, it might be more efficient to apply in Supreme Court. (Only BC Supreme Court can make decisions about division of property and divorce.)
In either court, along with your request for protection, you’ll need to file an '''affidavit'''. In it, you describe what happened and what your concerns are. (This is a legal document; you must tell the truth.)
{| class="wikitable"
|align="left"|'''Self-help guide'''
Legal Aid BC’s Family Law in BC website has a [https://family.legalaid.bc.ca/abuse-family-violence/protecting-yourself-your-family/apply-family-law-protection-order#0 free step-by-step guide] for applying for a protection order in Provincial Court.
|}
===How does a protection order or peace bond affect my family case?===
Family violence can affect a court’s decisions about guardianship, parenting arrangements, or contact with a child. A court has to make decisions in the best interests of the child, and any threat or history of coercive control or family violence can make a difference. The court must consider whether there’s a child protection case or a criminal court case happening, and if any protection orders or peace bonds are in place when making decisions about parenting children. A person who is responsible for family violence could see their parenting privileges restricted or cut altogether.
===What if a protection order conflicts with another family court order?===
If you get a protection order (or even a ''Criminal Code'' order), and there’s already a parenting order in place that says something different, a few things will change. The parts of the parenting order that conflict with the protection order are suspended. For example, say there’s an existing order about parenting time. But the new protection order forbids all contact with the children. This new order trumps the old one. No time with the children will be allowed.
===What if my partner pressures me to drop the criminal charges?===
It’s not up to you to drop the charges. You didn’t even lay the charges against your partner in the first place — Crown counsel did. If your partner pressures you to drop the charges — or tries to contact you — you can report them to the police or Crown counsel.
===What if my partner ignores a protection order?===
If they do, and they continue to contact or harass you, they can be arrested. And charged with a criminal offence. They may be brought before the court. If they’re found to have breached the protection order, they can be fined, placed on probation, or put in jail.
==Who can help==
===Free and low-cost legal help===
'''Legal Aid BC''' provides free legal help to people who can’t afford a lawyer. This is important: when you apply, tell them if you’re in crisis and fear violence from your partner.
:Call 604-408-2172 (in the Lower Mainland)
:Call 1-866-577-2525 (toll-free)
:[https://legalaid.bc.ca/general/provincialCallCentre Visit website]
Other options for free legal help include pro bono services, legal clinics, and advocates. [https://dialalaw.peopleslawschool.ca/free-and-low-cost-legal-help/ See our information on free and low-cost legal help].
The BC government’s '''Victim Services Directory''' provides contact information for service providers across BC that assist women and children impacted by violence.
:[https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/victim-of-crime/victim-services-directory Visit website]
===With more information===
Legal Aid BC’s '''Family Law in BC website''' includes extensive information on family violence.
:[https://family.legalaid.bc.ca/abuse-family-violence Visit website]
Clicklaw’s ''JP Boyd on Family Law'' wikibook also has a lot of information about family violence.
:[[Family_Violence_Overview|Visit website]]
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Latest revision as of 19:29, 23 February 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by JP Boyd, KC, Boyd Arbitration Chambers; Tannis Baradziej, Duncan Allen Law LLP; and Manjeet Chana, People's Law School in December 2021.
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If you or someone you know is a victim of family violence, there is help. You can get in touch with the police, community workers, the court system, or all of these resources as needed. Learn steps you can take to stay safe and protect yourself and your family.

Alert!

This information has been updated to reflect changes to the Divorce Act that took effect on March 1, 2021, as well as new Provincial Court Family Rules that took effect on May 17, 2021.

What you should know

Family violence is abusive, controlling behavior

Family violence is any kind of abusive behavior used to get power and control over a family member. It can be intentional or unintentional and can happen during a relationship or after it ends.

Family violence includes physical abuse (such as hitting a partner or child). It also includes:

  • sexual abuse
  • psychological abuse
  • emotional or verbal abuse
  • threats, including threats to harm other people or pets
  • harassment, intimidation, and coercive controlling behaviours
  • stalking or following
  • limiting a person’s independence, including their financial independence
  • damaging property

In family violence cases, anyone can be a victim, including children. Children can be victimized indirectly — that is, when they see violence happening between family members.

Family violence can occur once or often. Either way, abuse is wrong. If you’ve been abused, know this: abuse is not your fault.

Family violence can be a crime

Family violence is not only a family law problem. It’s a crime. Under Canadian law, no one is allowed to physically or sexually abuse, harass, stalk, or threaten another person. Anyone who does any of these things to you or your children can be charged with a crime. The list of possible crimes is long. It includes assault, sexual assault, criminal harassment, unlawful confinement, and uttering threats.

If you’re in immediate danger

If you think that you, your children, or others are in immediate danger from your partner, there is help available.

Call the police

First, call the police by dialing 9-1-1. The police will usually act quickly. They’ll ensure that you, your children, and others are safe.

The police can also gather evidence and suggest further options. They may, for example, recommend criminal charges or a peace bond. They may also suggest you ask for a protection order in Family Court. These steps can keep you safe by limiting your partner’s contact with you. These options are discussed below.

Contact community services

The police can also connect you to community services. This might include helping you find emergency shelter. You and your children might be able to stay in a nearby transition house for several days or weeks. This will give you time to find a new, safer place to live.

Going to a transition house, a safe house, or another emergency shelter won’t compromise your right to return home. The immediate priority, though, is your and your children’s safety.

In a moment, we highlight key community services that can help.

If you aren’t in immediate danger

If you aren’t in immediate danger, you may still be afraid for your safety, and at the same time afraid to leave the relationship. There may be many different reasons for this. You may be:

  • someone who is in a cycle of violence
  • financially dependent on your partner
  • worried about losing your children
  • worried about losing your home and having nowhere to go
  • discouraged by family or community members from reporting the abuse
  • isolated and have few social supports
  • unsure of your legal rights or the social services that can help you

Whether you want to stay in your relationship or not, you can get help. A counsellor or a victim support worker can meet with you to talk about the family violence and provide emotional support. They can also help develop a safety plan. This way you and your children can stay safe while you’re in the relationship or if you leave.

Some people have insurance that might pay some of the cost of counselling through their work. (For example, through an extended health benefit plan or employee-assistance program.) If not, there are other services that are free. You don’t always have to pay. Speaking to a counsellor or a support worker can help. The two of you can decide the next steps for you and your children.

Making a safety plan

Legal Aid BC explains what's involved in making a safety plan for yourself and your family.

Community services are available to help

These community and healthcare services can help with counselling and support.

VictimLinkBC is a 24-hour information and helpline for victims of family violence. Operators give support and information. Call 1-800-563-0808 (toll-free in BC) or visit their website.

Battered Women’s Support Services offers crisis support and counselling. Contact them if you’ve been abused in an intimate relationship. Call 604-687-1867 (Lower Mainland) or 1-855-867-1868 (toll-free in BC), or visit their website.

Vancouver & Lower Mainland Multicultural Family Support Services offers counselling for victims of family violence and also for children who witness abuse. Translators are available for police or court interviews. Call 1-888-436-1025 (toll-free) or visit their website.

BC Society of Transition Houses offers safe temporary shelter for women and children fleeing family violence. You can stay up to 30 days. They also offer group and individual counselling for children and youth who witness family conflicts and violence. Call 604-669-6943 (Lower Mainland) or 1-800-661-1040 (toll-free in BC), or visit their website.

Vancouver Rape Relief & Women’s Shelter operates a transition house for women and their children. They also have a 24-hour crisis line for women trying to prevent or escape family violence. Call 604-872-8212 (Lower Mainland) or visit their website.

QMUNITY provides free counselling and support groups to the LGBTQ+ community. Call 604-684-5307 (Lower Mainland) or visit their website.

If you contact the police

If you contact the police to report family violence, they’ll investigate. This involves taking a statement from you, your partner, and any witnesses. The police will consider whether to recommend a criminal charge. If so, they’ll prepare a report for a government lawyer, called Crown counsel.

Crown counsel will review the police report. They’ll decide whether your partner should be charged with a crime (such as assault). If so, your partner will be arrested.

Most people who are charged are released on bail

Most people charged with a crime don’t stay in jail after their arrest. They’re usually released on bail, on conditions ordered by a judge. A condition might be, for example, that they have no contact with you. They’re not allowed to come to your home, work, or school. If they break their bail order, you can tell the police, who can arrest and charge them.

If you and your children want to resume contact with your partner, or want to stop the criminal court process, you’ll need to first talk to Crown counsel about changing the bail order conditions.

If there is a criminal trial

If your partner is charged with a criminal offence, they might decide to plead guilty. A guilty plea means they accept responsibility for the offence. So there’s no trial. But if they choose to plead not guilty, a trial will be held in criminal court.

At trial, you’ll testify under oath or affirmation. That means telling the judge the truth about what happened.

If your partner is found guilty of assaulting or threatening you, they’ll be sentenced. If they have no prior criminal record, they may not go to jail. Instead, they might be given a fine, or placed on probation with conditions such as to have no contact with you or to attend counselling.

You can get a court order to protect yourself

You can get a court order to protect yourself and your family from family violence. You can seek a criminal law peace bond or a family law protection order — or both.

Anyone can ask for a peace bond, but only family members can apply for a protection order. Family members include, for example, your partner, your child’s parent or guardian, and a relative of yours who lives with you.

Peace bonds

A peace bond is a criminal court order that usually lasts for a full year. However, it can take several weeks to get a peace bond in place.

You can contact the police for help in getting a peace bond. If they agree you have a reasonable fear for your safety, they can recommend a peace bond to Crown counsel, who can put the recommendation before a judge. Or, if you’re already in the middle of a criminal court process, your partner may agree to enter into a peace bond voluntarily — in exchange for Crown counsel dropping any criminal charges against them. The deal will come with certain conditions. Your partner agrees to “keep the peace” and, typically, not contact you for a certain length of time.

If your partner follows the peace bond conditions, your partner will avoid getting a criminal record. If they don’t follow the peace bond conditions, they can be charged. Then, they’ll have to deal with the original criminal charge plus a new charge for not following the peace bond. See our information on peace bonds for more on this process.

Family law protection orders

A protection order is another option to help you stay safe. It’s typically quicker and easier to get than a peace bond. (In Provincial Court, you may be able to get one on the same day.) You apply for this order under the BC Family Law Act. It can set out conditions your partner must follow. These might include:

  • how much, if any, contact they can have with you (and sometimes how they can communicate with you)
  • not going to your home, school, or workplace
  • not stalking (or following) you
  • not possessing weapons

A protection order can also require the police to:

  • remove your partner from the home
  • escort them while they gather up their belongings
  • take away their weapons

A protection order can also require your partner to report to the court.

Common questions

How do I apply for a family law protection order?

Anyone at risk of family violence can apply for a family law protection order. You can apply on your own, or a lawyer can help you.

If you’re afraid for your safety, you can apply for a protection order without having to notify your partner. You can apply in either BC Supreme Court or Provincial Court (which is sometimes called Family Court). In Family Court, there are no filing fees, and you may find the paperwork easier. On the other hand, if you also want to ask for a divorce or division of property, it might be more efficient to apply in Supreme Court. (Only BC Supreme Court can make decisions about division of property and divorce.)

In either court, along with your request for protection, you’ll need to file an affidavit. In it, you describe what happened and what your concerns are. (This is a legal document; you must tell the truth.)

Self-help guide

Legal Aid BC’s Family Law in BC website has a free step-by-step guide for applying for a protection order in Provincial Court.

How does a protection order or peace bond affect my family case?

Family violence can affect a court’s decisions about guardianship, parenting arrangements, or contact with a child. A court has to make decisions in the best interests of the child, and any threat or history of coercive control or family violence can make a difference. The court must consider whether there’s a child protection case or a criminal court case happening, and if any protection orders or peace bonds are in place when making decisions about parenting children. A person who is responsible for family violence could see their parenting privileges restricted or cut altogether.

What if a protection order conflicts with another family court order?

If you get a protection order (or even a Criminal Code order), and there’s already a parenting order in place that says something different, a few things will change. The parts of the parenting order that conflict with the protection order are suspended. For example, say there’s an existing order about parenting time. But the new protection order forbids all contact with the children. This new order trumps the old one. No time with the children will be allowed.

What if my partner pressures me to drop the criminal charges?

It’s not up to you to drop the charges. You didn’t even lay the charges against your partner in the first place — Crown counsel did. If your partner pressures you to drop the charges — or tries to contact you — you can report them to the police or Crown counsel.

What if my partner ignores a protection order?

If they do, and they continue to contact or harass you, they can be arrested. And charged with a criminal offence. They may be brought before the court. If they’re found to have breached the protection order, they can be fined, placed on probation, or put in jail.

Who can help

Free and low-cost legal help

Legal Aid BC provides free legal help to people who can’t afford a lawyer. This is important: when you apply, tell them if you’re in crisis and fear violence from your partner.

Call 604-408-2172 (in the Lower Mainland)
Call 1-866-577-2525 (toll-free)
Visit website

Other options for free legal help include pro bono services, legal clinics, and advocates. See our information on free and low-cost legal help.

The BC government’s Victim Services Directory provides contact information for service providers across BC that assist women and children impacted by violence.

Visit website

With more information

Legal Aid BC’s Family Law in BC website includes extensive information on family violence.

Visit website

Clicklaw’s JP Boyd on Family Law wikibook also has a lot of information about family violence.

Visit website
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Family Relationships
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Resolving Family Disputes
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