Falsely Accused of Family Violence in BC: Your Legal Options

Being accused of family violence when it is not true is stressful and frightening, especially when your time with your children may be affected. Allegations can come up in a protection order application or in a parenting case.

This article explains how the Family Law Act in British Columbia handles these situations, what the court looks at, and practical steps that help. It is general information, not advice on your case.

This article covers the law of British Columbia.

What the law counts as family violence

Family violence under the Family Law Act is wider than physical assault. It includes physical abuse, sexual abuse, and attempts at either. It also includes psychological or emotional abuse, such as intimidation, harassment, coercion or threats, stalking or following, and intentional damage to property.

It does not include reasonable force used to protect oneself or others from harm. In the case of a child, direct or indirect exposure to family violence is itself family violence. Understanding exactly what is alleged helps you respond to it.

If an order was made without notice

An application for a protection order may be made without notice to the other person. That means you may first learn of it when you are served or contacted by police.

If an order is made without notice, the person it is made against can apply to the court to set aside the order or to change or terminate it under s 187. An application to extend, change or end an order must be made before it expires. Unless the court provides otherwise, a protection order expires one year after it is made.

Until a court changes it, the order stands. Disobeying a lawful court order without lawful excuse is an offence under Criminal Code s 127. Protection order forms warn of this.

What the court weighs

To make a protection order, a court must decide that family violence is likely to occur and that the other person is an at-risk family member. It must consider, among other things, the history of violence, whether violence is repetitive or escalating, coercive or controlling behaviour, the state of the relationship including recent separation, risk factors, the applicant's perception of risk, and vulnerability.

In parenting matters, the court considers the best interests of the child only. It looks at the seriousness and recency of any family violence, its frequency, whether it forms a pattern of coercive control, and the steps taken to prevent further violence. The court may order parenting time to be supervised by a named person.

Evidence that helps and things to avoid

• Keep dated texts, emails and social media messages that show the real history between you.
• Write down a calm timeline of events while your memory is fresh.
• Identify people who saw events directly and who may be willing to give accounts.
• Keep records of how you care for your children.

Because the court looks at patterns and risk, organized records that speak to those factors are more useful than angry messages.

• Do not contact the other person if the order restricts contact.
• Do not delete messages or records.
• Do not retaliate online or through friends or family.
• Do not breach the order while you challenge it.

A court may make an order even if the applicant has returned to live with the respondent, or criminal charges are possible. So do not assume an allegation will be dismissed because of those facts.

What to do next

• Read any order carefully and follow its terms.
• Speak to a lawyer promptly about responding or applying under s 187.
• Collect your messages, records and a timeline.
• Note any deadlines in documents you were served.
• If criminal charges are possible, get legal advice before making statements.

Frequently asked questions