Q&A — Family violence

See Protection orders during COVID-19 for how to apply for an urgent family law protection order in Provincial Court now.

If you have your children in your care more than 40 percent of the time, you can apply for child support. You may also be entitled to spousal support.

If you get an order for child and/or spousal support, you can register your order with Family Maintenance Enforcement Program (FMEP) and have them collect the payments for you. It's a free service. See our FMEP page for more information.

A safety plan is a practical list or plan of the steps you can take to protect yourself and your kids if your partner is abusing you. It will help you stay safer if you decide to stay, or if you decide to leave.

It's a good idea to have a safety plan because it's very difficult to think clearly when you're afraid. Getting information and making some planning decisions before a crisis can keep you safe during a crisis.

Your plan will be detailed, and will cover:

  • emergency services in your area, like transition houses
  • how you can get help when you need it
  • how you can protect yourself at home
  • how you can protect yourself if you decide to leave
  • how you can protect your kids

Once you've made your safety plan, talk to your kids about how to keep them safe.

If you want to make your safety plan yourself, use the Make a safety plan online pathway which asks you questions about your relationship and gives you an action plan to get the help you need to make a safety plan for you and your family, tailored to your own situation. It will also give you a checklist you can follow to get your safety plan started.

It could be helpful to talk it over with a friend, if you can do so safely.

Other resources

Ending Violence Association of BC has more information about safety planning and how to make an emergency escape plan.

The publication Live Safe, End Abuse explains what abuse is, and how you can protect yourself and your kids. You can download it as a PDF or order it for free if it's safe for you to get mail. Or you could have it sent to a trusted friend.

You're not alone, even during the COVID-19 state of emergency. VictimLinkBC can help you make a safety plan tailored your own situation.

They will connect you to people in your area who can help. VictimLinkBC is a toll-free, confidential, and multilingual crisis support line available throughout BC. They are trained victim service workers, and can connect you to the support and services you need.

Other resources

Ending Violence Association of BC has more information about safety planning and how to make an emergency escape plan.

The publication Live Safe, End Abuse explains what abuse is, and how you can protect yourself and your kids. You can download it as a PDF or order it for free if it's safe for you to get mail. Or you could have it sent to a trusted friend.

You can go to a shelter or transition house. These are free, temporary places where you and your children can have a safe place to stay and get support services. You can usually stay at a safe home or transition house for up to 30 days.

To find safe housing in your community, see the BC Housing website for a list of contacts for safe homes and transition houses throughout BC. Usually the addresses aren't given out to the general public. This is to protect the people who use them.

Or call BC Society of Transition Houses at 1-800-661-1040 (outside Greater Vancouver) or 604-669-6943 (Greater Vancouver).

Corrections BC policy is not to grant early release for those serving time for domestic violence.

Provincial correctional centre

A person who has less than 30 days left to serve of an intermittent sentence might be released early.

  • If there is no probation order, they will be released on a permit with conditions attached. The conditions can restrict where a person can go, who they can see, and what they can do until the permit expires. Call the correctional centre to discuss these conditions, if you have concerns.
  • If there is a probation order, the community corrections office where the person is released will contact you to discuss the conditions of the release. Call them if you have concerns.

Federal correctional centre

The Parole Board of Canada will attach conditions for anyone released to parole from the federal system.

Call the police immediately if your partner breaches the terms of the permit, probation order, or parole.
It’s a good idea to have a plan for how to stay safe around an abusive partner. See “How do I stay safe at home?” on this page for information and where to get help.

You don't need a lawyer to apply for a peace bond (now called a “surety to keep the peace”).

Call the police or RCMP and tell them you're afraid your partner might injure or sexually assault you or your child, and you want a peace bond (the legal name is an “810 recognizance”). In Vancouver, call 911 to get a peace bond even if it isn’t an emergency.

The police and court need evidence of the risk to you. Tell the officer:

  • why you feel afraid for yourself or your children, especially about what just happened
  • if your partner has:
    • been violent to you or other people in the past
    • been using alcohol or drugs
    • threatened or attempted suicide recently or in the past
    • access to weapons such as guns or knives
  • if you have other evidence, such as notes about past incidents, threatening letters, voicemails, or online messages, or anyone who saw your partner being violent or threatening you

If the police agree you have a good reason to be afraid, they start the application for a judge to order a recognizance in criminal court. If there's a hearing, someone from the Crown counsel office contacts you. 

When you speak to the police
Make sure you write down the police file number and the officer’s name. If you have questions or concerns, you can then talk to the same officer, who is familiar with you and the case. Your local Crown counsel office can also answer your questions by phone.
It’s a good idea to have a plan for how to stay safe around an abusive partner, or when leaving one. See “How do I stay safe at home?” on this page for information and where to get support.

You might be able to get a protection order under the Family Law Act if you or a child living in your household needs protection from the person you're married to or living in a marriage-like relationship with.

You can consult a lawyer by phone (you may have to pay the lawyer’s fees).

The Provincial Court is hearing urgent family matters by phone.

It’s a good idea to have a plan for how to stay safe around an abusive partner, or when leaving one. See “How do I stay safe at home?” on this page for information and where to get support.

 

If you're in danger, call 911. If you're not in immediate danger, call VictimLinkBC at 1-800-563-0808 for information about services near you.

If you're afraid for your safety, you can apply for a family law protection order from Provincial or Supreme Court. A protection order can tell the person named in the order:

  • to stay away from your home,
  • not to contact you, your children, or other family members who might be in danger

It can also say that the police can:

  • go with you to your home if you need to get your personal belongings, or
  • make the person named in the order leave the family home.

Most court operations are suspended. But if a judge decides that your matter is urgent, a hearing/trial will be scheduled with all participants appearing by telephone.

Urgent matters include:

  • requests for urgent relief related to the safety of a child or parent
  • requests to get protection orders if there's a risk of violence or immediate harm
  • urgent issues related to the well-being of a child such as risk of removal from jurisdiction or medical issues
  • urgent cases where irreparable harm will occur if the application is not heard

Get help from a family lawyer or duty counsel. Duty counsel lawyers and family advice lawyers are available by phone only. For phone numbers and hours of service, please see this list.

For Provincial Court

Apply online using this Application for an Urgent Hearing form. Then send it to your local court registry by:

  • email, mail, or fax, if your registry is a fax filing registry

For Supreme Court 

Apply online with this Request for Urgent Hearing Form.

Being confined at home with an abusive partner can be very scary. But help is available, and you're not alone.

Make a safety plan

When you're afraid, it's very difficult to think clearly. Getting information and making some planning decisions, including steps you can take to protect yourself, can keep you safe.

A safety plan can help you protect yourself, both at home and outside your home.

You can call VictimLINKBC at 1-800-563-0808 to get information about how to make your plan. If it's safe for you to use a computer, you can follow the Make a safety plan pathway from MyLawBC. You'll answer questions about your situation, and be given resources that can help.

Also see the safety planning resources from EVA BC.

Practice self-care

Getting through this time while experiencing abuse can feel really overwhelming. You may feel isolated from your friends and family. Taking time for your own health and wellness can make a big difference in how you feel. Try to keep in touch with family and friends over the phone, text, or email if it's safe for you to do so.

Mental Health Support line: call to be connected to your local BC crisis line without a wait or busy signal, 24 hours a day. Crisis line workers are trained to help provide emotional support as well as mental health information and resources.

310-6789 (do not add 604, 778, or 250 before the number).

Reach out for help

You're not alone. There are organizations who will help, even during this pandemic.

VictimLINKBC: is a toll-free, confidential, multilingual crisis support line available throughout BC. It provides immediate crisis support to victims of family and sexual violence.

1-800-563-0808 (24 hours)
604-875-0885 (TTY)

You can’t make decisions for someone else, but you can encourage them to think about their well-being, make a safety plan, and practice self-care while they are in their home. It's also important to keep in touch regularly with your friend or neighbour so they feel less alone.

Try to let your friend know there are resources and people who can help:

VictimLINKBC is a toll-free, confidential, multilingual crisis support line available throughout BC. It provides immediate crisis support to victims of family and sexual violence.

1-800-563-0808 (24 hours)
604-875-0885 (TTY)

It might be unsafe for your friend or neighbour to use a computer. If you can get resources to them safely, you could order the free print publication Live Safe, End Abuse. This is a Legal Aid BC publication for people leaving an abusive partner, and includes information on what abuse is, how people can plan for their safety and protect their children, and who can help. It's also available online. If it isn't safe for them to have a print publication, maybe you could talk to them about their options over the phone.

Don't see your question here? Email us.

Page last updated: Thursday, May 14, 2020, 08:15 hrs

Videos

This 13-minute video is for people who live with an abusive partner, and want to leave.
This 30-minute video shows how to apply for a protection order during COVID-19. It gives a link to the forms you need and tells you what to include in them.
Get more help

If you're in danger, call 911.

If you're not in immediate danger, call VictimLinkBC at 1-800-563-0808.

VictimLinkBC is a toll-free, confidential, multilingual crisis support line available throughout BC. It provides immediate crisis support to victims of family and sexual violence.

You can also call the Battered Women's Support Service crisis line at 1-855-687-1868.

The Provincial Court FAQs has more information about protection orders.