Where to Get Help Leaving an Abusive Relationship in BC

Leaving an abusive relationship is often the most dangerous and difficult part, and many people do it in stages. You do not need to have everything worked out before you reach out for help.

This article gives an overview of the kinds of support available in British Columbia and the legal tools that may protect you. It is general information. For your own safety plan or legal options, talk to a support worker and a lawyer.

This article covers the law of British Columbia.

Recognizing family violence

Under the Family Law Act, family violence includes physical abuse, including forced confinement or deprivation of the necessities of life, and sexual abuse or attempts at either. It also includes psychological or emotional abuse such as intimidation, harassment, coercion, threats (including threats about other people, pets or property), stalking and intentional damage to property.

Unreasonable restrictions on, or prevention of, a family member's financial or personal autonomy count as well. You do not have to have been hit to be experiencing family violence.

Support services

Several kinds of support exist in the province, and you can use more than one at the same time. Current phone numbers and availability change, so look them up on an official government or service-provider site rather than relying on an old number.

• Emergency services: if you are in immediate danger, contact local emergency services right away.
• Crisis and support lines: confidential lines can listen, help you assess risk and refer you to local services.
• Transition houses and safe housing: these offer a safe place to stay, often with support for children.
• Victim services programs: workers can explain the court process, safety options and available supports.
• Legal help: a lawyer or legal information service can explain protection orders, parenting and property issues.

Legal protections that may help

A court may make a protection order against a family member if family violence is likely to occur and you are an at-risk family member. It can restrain contact and communication, restrict attendance at specified places and direct police to remove or seize items such as weapons. You can apply yourself, someone can apply for you, and no other family proceeding is needed first. An application may be made without notice to the other person.

If you fear on reasonable grounds that someone will cause personal injury to you, your intimate partner or child, or damage your property, you may lay an information for a peace bond under Criminal Code section 810. If the fear is shown to be reasonable, the court may order the person to keep the peace and be of good behaviour for up to 12 months. The court must consider whether a firearms or weapons prohibition is desirable for safety.

Legal Aid BC's guide says there is no court fee to apply for a protection order in Provincial Court. A Supreme Court fee can be waived if you cannot afford it.

The registry and enforcement

The Protection Order Registry is a confidential database of family law and criminal protection orders in BC. Police can confirm an order's current details at any time of day or night and then enforce it right away. Court staff usually enter orders on the same day a judge signs them, so you do not have to request registration.

Anyone named as a protected party can register for victim notification. If you move to BC with a civil protection order from another province or territory that is similar to a Family Law Act section 183 order, it is treated as a Part 9 order without registration, although you may still choose to register it. Criminal protection orders such as peace bonds can be enforced anywhere in Canada.

Children, and your next steps

When parenting is decided, the court considers only the best interests of the child, and the impact of family violence on the child's safety, security or well-being is a required factor. An order is not in a child's best interests unless it protects, to the greatest extent possible, the child's physical, psychological and emotional safety. In the case of a child, exposure to family violence is itself family violence.

• Keep a safe way to contact help, such as a phone the other person cannot check.
• Pack key documents, medication, keys and some money where you can reach them quickly.
• Keep a record of incidents with dates, and save threatening messages.
• Tell someone you trust, and ask a support worker to help you plan the day you leave.
• Speak to a lawyer about protection orders, parenting and property before or soon after you leave.

Frequently asked questions