Protection Orders in BC and the Urgent Need for a Specialized Process and Coordinated Reform
Author: Haley Hrymak
Cover Photo by: Melody Charlie
Funded by the Law Foundation of British Columbia (LFBC), this project was conducted between April 2022 and November 2024. This report is being released during the UN's 2024 16 Days of Activism Against Gender-Based Violence to amplify survivor's voices and share their stories. It is an important time to call for change and work to improve safety for survivors and their children!
The report takes an in-depth look at protection orders in BC and finds that, despite updates and changes to the Family Law Act, survivors of gender-based violence are still in danger. During our various research projects over the past 7 years, survivors, support workers, and experts have consistently expressed how the current BC family legal system puts survivors in danger. In this report, we document the under-addressed challenges with BC protection orders that undermine the safety of survivors.
Our report found that there is an ongoing, significant disregard for non-physical violence in the BC family legal system, and a lack of consideration for the effects family violence has on children. Protection orders are meant to protect people at risk of family violence, but widespread misunderstanding around family violence in the BC legal system make protection orders are challenging to apply for and obtain.
We know that support workers and community organizations across BC have been calling for these changes for years, and some are conducting their own research into these issues. We are grateful to stand alongside likeminded community organizations to call for changes, together.
The report identifies four challenges in the effectiveness of protection orders:
Challenge 1: Lack of Specialized Knowledge Surrounding Family Violence in Family Court
Challenge 2: Process Failure
Challenge 3: Privatization of Safety and the Illusive Peace Bond
Challenge 4: Disconnection and Lack of Coordination Among Legal Systems and Actors
The report offers two key recommendations for changes to better protect survivors navigating the BC family legal system:
Recommendation 1: A Specialized Approach to Protection Orders
Recommendation 2: Legal System Collaboration
We thank everyone who have contributed to this research and made this report possible. We could not have done this without you!
