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 the abuse of power to harm or control a person who was or is a family member. It’s more than just hitting a partner or child. 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 and attempted physical abuse, such as pushing, hitting, grabbing, and forcibly confining
|}
*sexual abuse, and attempted sexual abuse
*psychological and emotional abuse
*harassment, intimidation and coercion
*threats, including threats to other people and 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, such as seeing violence between family members.
==What you should know==


Family violence can occur once or often. Sometimes men are the abusers, sometimes women are. 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
In 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


Going to a transition house, or some other place, does not change your rights to the family home. The immediate priority is your and your children’s safety.
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.


Whether it’s an emergency or not, you can also apply to court for a '''protection order''' under the BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/11025_01 Family Law Act]''. This is discussed 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'''.


If it’s not an emergency and you want to stay in your relationship, you could get 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 they will not stop, you should think about separating. Contact information for several counselling services is provided below.
===Family violence can be a crime===
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.


==What if you’re not sure about calling the police?==
===If you’re in immediate danger===
If you’re afraid but don’t feel comfortable calling the police, the following services can help:
If you think that you, your children, or others are in immediate danger from your partner, there is help available.
*Vancouver General Hospital operates a 24-hour [http://www.vch.ca/locations-and-services/find-health-services/?program_id=11809 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.


==What counselling or similar services are available to help?==
====Call the police====
Victims of family violence should seek help from community support workers, social workers or healthcare professionals to make sure that they have a plan to protect their health and safety. Some people have insurance 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 decide the next steps for yourself and your children.
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.


==Some services available==
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.
*'''[http://www2.gov.bc.ca/gov/content/justice/criminal-justice/victims-of-crime/victimlinkbc VictimLinkBC]''' 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.
*The '''[http://www.bwss.org/ 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.
*The '''[http://www.vlmfss.ca/ 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.
*'''[http://www.fsgv.ca/ 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 check their website. 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.
*The '''[http://www.bcsth.ca/ BC 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.
*'''[http://www.rapereliefshelter.bc.ca/ 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.
*Check the Victim Service and '''[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 Violence Against Women Program Directory]'''.


==What about criminal court as an option?==
====Contact community services====
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.
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.


==What happens if criminal charges are laid?==
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.
If Crown Counsel charges your partner with a criminal offence such as assault, the police will arrest them. 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 they not have any contact with you or come to your home, work, or school.


If your partner doesn’t obey the conditions, you can tell the police. They may be arrested and charged with breaking the bail order.
In a moment, we highlight key community services that can help.


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.
====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:


==Can criminal charges be dropped?==
* someone who is in a cycle of violence
If your partner is charged, they 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. You should report any pressure or contact from your partner to the police.
* 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


==Will there be a trial?==
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 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 [http://www.provincialcourt.bc.ca/ Provincial Court website].


==What if your partner is convicted?==
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 your partner is convicted of assaulting or threatening you, they 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 they were previously convicted of assault or the incident was extremely violent.


==What is a peace bond?==
{| class="wikitable"
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 they enter into a peace bond under section 810 of the ''Criminal Code''. This involves your partner agreeing to keep the peace and obey certain conditions, for example, not contacting you for a certain time. If your partner obeys the conditions, they won’t have a criminal record. If your partner doesn’t obey the conditions, they can be sent to trial on the original criminal charge plus a new charge for breaching the peace bond. Check script [[Applying for a Peace Bond and Filing Assault Charges (Script 217)|217]] for more on applying for a peace bond.
|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.
|}


==What about asking for a protection order in civil court?==
===Community services are available to help===
Another option is to apply to the Provincial Court or to the Supreme Court for a '''protection order''' under the BC ''Family Law Act''. A protection order can:
These community and healthcare services can help with counselling and support.  
*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 their 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.
'''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].


==Do you need a lawyer to get a protection order?==
'''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].
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.


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 on the same day in some circumstances.
'''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].


==What if you are concerned about someone else?==
'''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].
Anyone can apply for a protection order for someone else who is at risk of family violence.


==What if the protection order conflicts with another order?==
'''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].
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?==
'''QMUNITY''' provides free counselling and support groups to the LGBTQ+ community. Call 604-684-5307 (Lower Mainland) or [https://qmunity.ca/ visit their website].
If your partner continues to harass you, they 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 they are not a danger to your safety.


==Free legal services are sometimes available==
===If you contact the police===
Legal aid is available to some people who cannot afford a lawyer if they qualify financially. [https://legalaid.bc.ca/legal_aid/legalAidLocations.php Legal aid locations] are listed on its website. 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.
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.  


Other sources of free legal advice:
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.
*[http://www.supremecourtselfhelp.bc.ca/ Supreme Court Self Help Centre] in Vancouver.
*[http://www.accessprobono.ca/ Access Probono] at 604.878.7400 or 1.877.762.6664.
*[http://www.ag.gov.bc.ca/justice-access-centre/ Justice Access Centers] in Vancouver (604.660.2084), Nanaimo (1.800.578.8511) and Victoria (250.356.7012).


==More information==
====Most people who are charged are released on bail====
*Check script [[Applying for a Peace Bond and Filing Assault Charges (Script 217)|217]] on “Applying for a Peace Bond and Filing Assault Charges”.
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.
*See the provincial government’s [http://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime Victim Services website].
*Check the Legal Services Society’s [http://www.familylaw.lss.bc.ca/ Family Law in BC website] and [http://www.familylaw.lss.bc.ca/legal_issues/abuseBasics.php Abuse and family violence].


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.


[updated October 2018]
At trial, you’ll testify under oath or affirmation. That means telling the judge the truth about what happened.


'''The above was last reviewed for legal accuracy by Michael Butterfield and Erin Bowman, and edited by John Blois.'''
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. [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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