====Making Applying for protection orders====

When the court is asked to make a protection order, it must consider certain risk factors set out at section 184(1)of the ''Family Law Act'':

Essentially, the court is required to look at must consider the family violence in the overall context of the family members' relationship, and the history as well as the historic and present circumstances of their relationship. When asking for a protection order, a family member experiencing violence will need to prepare evidence of the history of violence in the relationship, taking into consideration that address the above factors in section 184(1)factors.

Protection orders may still be available even in the following circumstances (Under section 184(4) of , the ''Act'')court may still make a protection order even though:

* The the at-risk family member had a previous protection order and , whether or not the other family member it was against had complied with the previous protection followed that order.,* The the family member against whom the order is to be made is temporarily absent from the residence.,* The the at-risk family member is temporarily residing in an emergency shelter, transition house, or other safe place with a confidential address.,* There are criminal charges (have or the possibility of charges) may be laid against the family member for the same incidents of family violence that the protection order is in response to. , * The the at-risk family member has a history of going back to their relationship with the other family member after previous other incidents of family violence incidents., or* A ''a conduct order'' (an order restricting communications) was previously made under section 225 [orders restricting communications] has been made for the at-risk family member against agains the other family member.

In determining deciding whether to make a protection order where the at-risk family member is a child, section 185 says the court must also considerwhether:

# whether * the child might be exposed to family violence if a protection order isn't made, and# whether * a separate protection order should also be made for the protection of the child.

* ''[https://canlii.ca/t/hz6fq M.C.C. v. M.C.R.C.]''¸ 2019 BCSC 380: The claimant showed a pattern of coercive and controlling behaviour directed against her and to some extent the children. She was successful in getting a without-notice protection order. She had not been allowed to go the mall or hotels, was not permitted to attend important family events, and was not allowed to have her own credit card, email account, or Facebook account. The respondent had ensured that all family electronics were connected to his Apple ID and iCloud account and he tracked her movements using an iPad. The court ordered that the claimant should have exclusive occupancy of the family home and issued a ''conduct order'' restricting the respondents respondent's communications with the children.

* ''[https://canlii.ca/t/g2ljl Dawson v. Dawson]'', 2014 BCSC 44: The judge considered the severe nature of an earlier assault and the husband's ongoing anger and hostility. These two as factors convinced the judge that there was a likelihood of further family violence. This case shows that further family violence may still be ''likely'' even if only one incident occurred in the past. When deciding if family violence is "likely" under section 183(2)(a), the court must weigh the potential severity of the harm from future violence. It's important to know that it usually will not be enough for the person seeking a protection order to just say that they are afraid or at risk of violence. Evidence of one of the section 184 risk factors must be presented to allow the court to decide if a protection order is suitable, as the court decided in ''[http://canlii.ca/t/g7rnf Whitelock v. Whitelock]'', 2014 BCSC 1184.  The court may also consider how much time has passed since the family violence occurred. If the circumstances that led to family violence are no longer present, a past act of violence, despite ongoing fear from the victim, may not be sufficient grounds for making a protection order. The court will usually focus on current risk and the likelihood of future violence when determining whether a protection order is needed. In ''[https://canlii.ca/t/jpj3d Yusufi v Yusufi]'', 2022 BCSC 900, the parties were in a 17-year marriage with no children. The claimant recounted a history of both physical and psychological abuse. The court found that the violence was dated, with the last incident occurring two years prior to separation, and there had been no incidents since separation despite litigation. The parties regularly attended the same place of worship without incident. A protection order was not ordered.

This said, it is not enough for the person seeking a protection order to say that they are afraid or at risk of violence. Evidence of one of the section 184 risk factors must be presented to allow Even though the court to decide if a protection order is suitable (won''[http://canlii.ca/t/g7rnf Whitelock v. Whitelock]''make protection orders automatically, 2014 BCSC 1184). The court may also consider how much time has passed since the family violence occurred. If the circumstances that led to family violence are no longer present, a past act without proof of violence, despite ongoing fear from the victim, may not be sufficient grounds for granting a protection order. This emphasizes the court's focus on current risk and the likelihood of future violence when determining the need for a protection order. In ''[https://canlii.ca/t/jpj3d Yusufi v Yusufi]'', 2022 BCSC 900factors, the parties were in a 17-year marriage with no children. The claimant recounted a history of both physical and psychological abuse. The court found remember that the violence was dated, with the last incident occurring two years prior to separation, and there had been no incidents since separation despite litigation. The parties regularly attended the same place of worship without incident. A protection order was not ordered.:

'''Important'''* # A single incident of family violence may be enough to get a protection order.* # A protection order can be granted even if some time has passed since the last incident of family violence, but the court will consider if the risk of family violence is still present. Delaying can make it more difficult to get a protection order.* # A family member's own, subjective perception that they are at risk of harm is one a factor that the court will consider.