As Vancouver and BC top rated divorce and family lawyers we must ensure spouses and children are protected from family violence and its long lasting negative impacts. 9 of the new Family Law Act sets out new protection remedies to prevent and deal with family violence in the unfortunate event that it occurs. If you have any hint or fear of potential violence it is imperative you act immediately. Call us at 1 877 602 9900.
Cases where violence is, or could be, an issue in families will be considered Criminal Code matters, meaning police and justice officials will become involved almost immediately.
BC AG Shirley Bond said the new law creates a new protection order to address family violence that makes breaching the order a criminal offence.
“There’s actually a definition of family violence now that includes things like psychological and emotional abuse,” she said. “We’ve said if there is someone at risk, particularly in terms of family violence, a broader group of people can actually seek a protection order and the judge could then make a specific protection order.”
End Violence Association of B.C. executive director Tracy Porteous said the new law has the potential to save lives because family violence issues immediately would immediately involve the Criminal Code.
The following is a summary prepared by the Ministry of the AG for BC:
Existing restraining orders, which prohibit harassment and contact in specified circumstances, are replaced with one type of order: a “protection order”. A protection order is a safety-related order. Breaches of a protection order will be a criminal offence and may be enforced under section 127 of the Criminal Code.
Use of the Criminal Code to enforce protection orders will promote timely, effective enforcement, which can save lives. It streamlines enforcement and limits it to the criminal justice system, where the police and Crown counsel are familiar with the processes and tools. It sends the message that breaches of protection orders will be taken seriously.
As well, the new protection order scheme:
- broadens the range of family members who are eligible to apply for protection orders;
- clarifies the procedure to ensure protection orders are accessible, clear, and effective; and
- provides guidance on risk factors to promote the use of protection orders in appropriate and safety-related situations.The new regime responds to recommendations made in numerous reports, including the Keeping Women Safe report and the Representative for Children and Youth’s Honouring Christian Lee report, which say consistent enforcement of protection orders is critical to increasing victim safety. The previous scheme, which was enforced through civil law, was identified as problematic on a number of levels. Inconsistent enforcement of civil restraining orders was identified as an issue that impacts families’ safety and confidence in the justice system.
