No More Restraining Orders?

The Family Law Act, S.B.C. 2011, ch. 25 came into force on March 18, 2013. The new Act contains sweeping changes in a number of areas, including domestic violence. This increased emphasis on the rights of children and recognition of the devastating effects of family violence is incorporated into the act in a number of ways. These include:

• Obligations on judges, lawyers, and mediators to screen for family violence
• A variety of orders available to protect victims from family violence
• The ability of Judges to order a party or parties to do or not do certain things (conduct orders)
• Enhanced enforcement procedures for breaches of Protection Orders

The terms under the new Act have also changed. There is no longer a restraining order to protect a spouse or child from family violence, this is instead a “Protection Order”. The Family Law Act provides that a Protection Order may be put in place as long as a spouse or child is at risk for family violence, and family violence is likely to happen. The Act now contains a broad categorization of what includes family violence from physical assaults to psychological or emotional abuse and historical use alcohol or drugs or mental health problems that are associated with an increased risk of violence.

If the court finds that there is a risk of family violence, a number of orders can be made within a Protection Order. These include: ordering a spouse not to communicate with the victim of family violence or the children; not to come to the family home, workplace, or child’s school; not follow or harass the victim; and/or prohibiting the owning or carrying of a weapon.

In situations of ongoing family violence a protection order may be made by the court without notice to the perpetrator of the family violence. Under the old law (the Family Relations Act) restraining orders were enforced through the civil court system. This was seen as a ‘critical failure’ of the system as orders often went ignored and there were few options available for enforcement. Now if a Protection Order is breached, the RCMP have clear authority to act on a breach. When the order is breached it will trigger charges under the Criminal Code. This enhanced ability to enforce orders will hopefully result in a more timely and effective approach to avoid harm to victims of family violence.

More information regarding family violence is available from a number of resources, including: The BC Family Law Act: A Plain Language Guide for Women who have experienced Abuse:

https://www.provincialcourt.bc.ca/types-of-cases/family-matters/links