As a family lawyer in British Columbia, one of the most difficult but vital aspects of my work is helping individuals and families affected by family violence. It’s a reality that many people face, and it’s important to know that the law in BC provides clear, supportive pathways to protect both adults and children through the Family Law Act.

In this article, we’ll explore how the Family Law Act addresses family violence in BC, how to apply for a protection order in BC, and how such violence impacts parenting arrangements during separation or divorce.

 

What Is Family Violence Under BC’s Family Law Act?

Family violence is defined broadly in the Family Law Act and includes more than just physical harm. It also encompasses emotional, psychological, sexual, and financial abuse, as well as exposing children to violence in the home.

The BC Government Website provides an excellent plain-language guide to what qualifies as family violence and how the courts respond.

Examples of family violence:

  • Physical or sexual assault

  • Threats to harm a partner, children, pets, or property

  • Intimidation or stalking

  • Verbal and emotional abuse (e.g., yelling, belittling)

  • Isolation from family and friends

  • Financial control or coercion

  • Children witnessing violence, even indirectly

The law recognises that children exposed to violence are also victims, which is a crucial factor in parenting decisions.

 

Applying for a Protection Order in BC

A protection order is a court order that helps protect a person and their children from family violence by setting legal boundaries with an abusive family member.

You can apply through either the Provincial Court or Supreme Court, and the process can often begin on an emergency basis.

Who can apply?

Under BC’s Family Law Act, protection orders are available to family members including:

  • Spouses (married or common-law)

  • Ex-partners

  • Parents or guardians

  • Children and other relatives living together

How to apply:

  • File an application at the courthouse

  • Provide affidavit evidence of violence or threats

  • You may be granted an emergency protection order without the other party being notified (called a “without notice” or ex parte application)

A protection order may:

  • Prohibit the abuser from contacting you or your children

  • Require them to stay away from your home, workplace, or school

  • Ban communication except through legal counsel

  • Be enforced by police (violating the order is a criminal offence)

If you need help understanding this process or filing, our BC family law team at ALG Lawyers can support you.

 

How Family Violence Affects Parenting Arrangements

When courts in British Columbia decide parenting time, guardianship, and decision-making responsibilities, they must prioritise the child’s safety and best interests, especially where there is a history of violence.

Key considerations by the court:

  • Was the child directly harmed or exposed to family violence?

  • What was the nature, seriousness, and pattern of abuse?

  • Has the abusive parent taken steps (e.g., therapy or counselling) to address their behaviour?

  • Is the child emotionally or psychologically impacted?

  • Is one parent using the children to manipulate or control the other?

These factors directly affect whether parenting time is granted, restricted, or supervised. For more on custody-related matters, see our page on parenting and custody disputes.

 

Emergency Applications and Court Options

If you’re in danger or fear for your safety, you can apply for an emergency protection order or parenting order without giving notice to the other party.

Options include:

  • Without Notice Hearings – Fast-tracked applications without informing the abuser

  • Ex Parte Orders – Temporary court orders granted based on sworn evidence

  • Police Assistance – Police can enforce protection orders or remove someone from the home

The Courts of BC website outlines court procedures, including urgent applications.

It’s important to seek support early. If you’re not sure where to start, VictimLinkBC offers 24/7 support and guidance.

 

Key Takeaways

  • Family violence in BC includes emotional and psychological abuse, not just physical harm.

  • Protection orders are available through the Family Law Act and can be granted quickly in urgent situations.

  • Courts consider domestic violence a serious factor when determining parenting arrangements

  • Support is available, both legal and emotional. You’re not alone.

 

If You’re Facing Family Violence

If you or your children are experiencing or at risk of family violence, you have legal options to protect yourselves. Applying for a protection order in BC, changing parenting arrangements, or taking emergency legal action can be overwhelming – but you don’t have to go through it alone.

For trusted legal guidance, please reach out to the ALG Lawyers. We offer compassionate, knowledgeable support to help you move forward safely.

 

Further Reading from ALG Lawyers: