Is Coercive Control or Financial Abuse Family Violence in British Columbia?

Not all harm leaves a bruise. You may be dealing with a partner who controls the money, monitors where you go, threatens your pets, or makes you afraid in other ways. It can be hard to know whether the law treats that as family violence.

In British Columbia, the Family Law Act defines family violence broadly. This article explains what is covered, who counts as a family member, and how you might show it to a court.

This article covers the law of British Columbia.

What the Family Law Act counts as family violence

Family violence includes physical abuse, including forced confinement or deprivation of the necessities of life, with or without an intent to harm. It does not include reasonable force used to protect oneself or others. It also includes sexual abuse and attempts to physically or sexually abuse a family member.

Importantly, it includes psychological or emotional abuse: intimidation, harassment, coercion or threats (including threats about other persons, pets or property), stalking or following, and intentional damage to property. So physical violence is not required.

Financial abuse and control

Financial abuse is covered within psychological or emotional abuse. Unreasonable restrictions on, or prevention of, a family member's financial or personal autonomy count as family violence. Examples that might fit include blocking access to bank accounts, or preventing you from working, though whether a specific situation qualifies depends on the facts.

For children, direct or indirect exposure to family violence is itself family violence. A child who sees or hears controlling behaviour toward a parent may be affected by it.

Who counts as a family member

A family member means a spouse or former spouse, a person living or who has lived in a marriage-like relationship, a parent or guardian of your child, a person who lives with and is related to you, or your child. A person is a spouse if married, or if they have lived in a marriage-like relationship for a continuous period of at least 2 years, or (except in Parts 5 and 6) have a child with the other person.

There is an important exception. Dating partners, co-workers or strangers who are not a family member under the Act cannot get a Family Law Act protection order against that person, because those orders are made only against a family member. A criminal peace bond under the Criminal Code can be used against anyone.

Showing coercive control to a court

To make a protection order, a court must decide that family violence is likely to occur and that you are an at-risk family member, meaning your safety and security is or is likely at risk. The court considers, among other things, coercive or controlling behaviour, whether violence is repetitive or escalating, recent separation, your perception of risk, and your vulnerability.

In parenting cases, the court also considers whether psychological or emotional abuse forms a pattern of coercive control, along with its frequency and recency.

• Dated notes of incidents, threats and restrictions.
• Saved messages, emails and voicemails.
• Bank or account records showing blocked access or controlled spending.
• Names of people who saw or heard what happened.
• Records of any police or medical contact.

How a protection order works

An application for a protection order may be made by the at-risk family member, by another person on their behalf, or by the court on its own initiative, and no other family proceeding is required first. The application may be made without notice to the other person. If an order is made that way, the person it is made against can apply to set it aside, change it or end it.

An order can include terms restraining contact and communication, restricting attendance at specified places, directing police to remove or seize items such as weapons, and other terms the court considers necessary. Unless the court provides otherwise, a protection order expires one year after it is made. An application to extend, change or end an order must be made before it expires, and after expiry a person may still make a new application.

Both the Supreme Court and the Provincial Court have jurisdiction under the Family Law Act, and the Provincial Court can make a protection order restricting access to a residence to protect a family member's safety. Disobeying a court order without lawful excuse is an offence under Criminal Code s 127. Police can confirm an order through the Protection Order Registry.

What to do next

• Start a private, secure record of what is happening.
• If you fear for your safety, contact police or emergency services.
• Think about whether you are a family member under the Act.
• If you fear injury, a peace bond is another route; the court may order a recognizance for up to 12 months if the fear is shown to be reasonable.
• Speak with a lawyer about which application suits your situation.

Frequently asked questions