What Counts as Family Violence Under the BC Family Law Act?

Many people are unsure whether what they have lived through "counts" as family violence. You may not have been hit, yet you may feel controlled, frightened or cut off. The legal definition is broader than many people expect.

This article explains how the British Columbia Family Law Act defines family violence and who it covers. It is general information, not a verdict on your situation.

This article covers the law of British Columbia.

Physical and sexual abuse

Family violence includes physical abuse of a family member, 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 yourself or others from harm.

It also includes sexual abuse of a family member, and attempts to physically or sexually abuse a family member.

Psychological and emotional abuse

Family violence includes psychological or emotional abuse. The Act lists examples:

• Intimidation, harassment, coercion or threats, including threats about other persons, pets or property.
• Stalking or following.
• Intentional damage to property.

Courts also look at whether this kind of abuse forms a pattern of coercive control when they assess family violence in decisions about children.

Financial abuse and a child's exposure

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.

For a child, direct or indirect exposure to family violence is itself family violence. A child does not have to be the target for the law to treat the exposure as harm.

Who is a family member?

The definition applies to a "family member". That means a spouse or former spouse, a person living or who has lived in a marriage-like relationship, a parent or guardian of the person's child, a person who lives with and is related to the person (or to one of those people), or the person's child. It includes a child living with, or whose parent or guardian is, one of those people.

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. Dating partners, co-workers or strangers who are not a family member cannot get a Family Law Act protection order against that person, but a criminal peace bond under Criminal Code s 810 can be used against anyone.

How the definition is used in protection orders and parenting

A court may make a protection order against a family member if it determines that family violence is likely to occur and the other family member is an at-risk family member. An at-risk family member is a person whose safety and security is or is likely at risk from family violence. The application 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. It may be made without notice to the other person.

• A protection order may restrain contact and communication.
• It may restrict attendance at specified places.
• It may direct police to remove, accompany or seize items, such as weapons.
• It may require reporting, and include other terms the court considers necessary.

In deciding, the court must consider, among other things, the respondent's history of violence, whether violence is repetitive or escalating, coercive or controlling behaviour, the state of the relationship (including recent separation), and the applicant's perception of risk and vulnerability. Unless the court provides otherwise, a protection order expires one year after the date it is made. An application to extend, change or end an order must be made before it expires, although a new application can still be made afterwards.

Family violence also matters in parenting decisions. Parties and the court must consider the best interests of the child only, and the impact of any family violence on the child's safety, security or well-being is a required factor, whether or not it was directed at the child. An agreement or order is not in the child's best interests unless it protects, to the greatest extent possible, the child's physical, psychological and emotional safety. No parenting arrangement is presumed to be in the child's best interests, including equal parenting time, and the court may require parenting time to be supervised by a named person.

What to do next

• Record incidents with dates and short, factual descriptions.
• Save messages, photos, financial records and any police or medical records.
• If you are in immediate danger, contact emergency services.
• Learn whether a protection order or peace bond might fit your relationship.
• Talk with a lawyer about how the definition applies to your facts.

Both the Supreme Court and the Provincial Court have jurisdiction over matters under the Family Law Act, subject to the Divorce Act and s 193(2). In the Supreme Court, the protection order form is F54. Which court and which steps suit you depends on your situation, so it is worth confirming with a lawyer.

Frequently asked questions