Family Violence in BC: Protection Orders

Author: SiLaw Group Family Lawyers
Published: Aug 10, 2026

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Family violence is one of the hardest subjects in family law. It touches people who are in danger and people who are facing accusations. Both deserve clear, calm information about how the law in British Columbia responds. That is what this post offers.

Family violence means more than physical harm

BC's Family Law Act defines family violence broadly. Physical and sexual abuse are covered, and so are attempts. But the definition reaches much further than bruises. Psychological and emotional abuse count too. That can include intimidation, harassment, coercion, and threats — including threats aimed at other people, pets, or property. It can include stalking or following someone. It can include unreasonable control over a family member's money or personal freedom. It can include deliberately damaging property.

Two features of the definition stand out. First, it does not depend on an intent to harm. What matters is the conduct and its effect on the family member, not whether harm was meant. Second, for a child, being exposed to family violence in the home — directly or indirectly, even when it is aimed at someone else — is itself family violence under the Act.

The definition leaves room for reasonable force used to protect yourself or another person from harm.

Protection orders: a legal shield

When someone's safety is at risk, a court can make a protection order under the Family Law Act. The family member at risk can apply, another person can apply on their behalf, and a court can also make one on its own initiative during a family law case.

A protection order is shaped to the situation. It can bar direct or indirect contact and communication. It can require a person to stay away from a home, workplace, school, or other places the at-risk person regularly attends. It can prohibit following someone, limit how any permitted communication happens, and restrict possession of weapons or firearms. It can direct police to assist, and police can enforce these orders. Unless the court sets a different term, a protection order expires one year after it is made, so timelines matter and orders can be revisited as circumstances change.

If an order has been made against you, follow it completely — even if you believe it is unfair. The right response is to get legal advice and ask the court to change the order, not to test its limits.

How violence shapes parenting decisions

When a BC court decides parenting arrangements, the only consideration is the child's interests, and safety sits at the centre of that question. The Family Law Act directs judges to consider the impact of any family violence on the child's safety, security, and well-being — including violence directed at another family member, not just at the child. Judges also ask whether a person's conduct suggests their ability to care for the child and meet the child's needs may be impaired.

The Act then guides how the violence itself is assessed: how serious it was, how recent, how often it happened, whether emotional abuse formed a pattern of coercive and controlling behaviour, whether the child was exposed to it, what harm resulted, and what steps the person responsible has taken to prevent it from happening again. That last factor matters for anyone facing allegations. Courts look at the whole picture, including genuine efforts to change, and they may build safeguards into parenting arrangements rather than end a parent-child relationship. Every family is assessed on its own facts.

The civil side: claims between partners

Family violence can also give rise to a civil claim. Canadian law has long recognized civil wrongs — called torts — such as assault and battery, and being married to or living with someone does not stop one partner from suing the other for those wrongs. A civil claim serves a different purpose than a protection order or a parenting order. Protection orders manage risk going forward; a damages claim asks a court to compensate for harm already done.

This area of the law is still developing, and courts continue to work out how these claims fit alongside separation and divorce proceedings. For someone who has experienced violence, a civil claim may be one more option to weigh with a lawyer. For someone facing such a claim, it is a serious matter that deserves a considered response, not silence.

For both sides of a hard situation

If you are experiencing violence, you do not need to label it perfectly before asking for help. If what happens at home leaves you afraid, controlled, or unsafe, that is reason enough to speak with someone. If you have been accused, take the process seriously, follow any orders in place, and get advice before responding.

Our team handles family violence & protection matters with care for the people on every side of them. Book a free consultation — we offer phone and video consultations, so you can speak with us privately even when coming into an office is not practical or safe.

This post is legal information, not legal advice.