ORDERS ISSUED UNDER THE FAMILY RELATIONS ACT OF BC
Restraining Order
Non-Interference Order
Temporary Property Relief
Restriction Of Contact Order
There are limits to what a court order can do. You need to have a personal safety plan in place.
This brochure is intended for general information only. The writers and distributors of this pamphlet do not guarantee its legal accuracy and do not accept responsibility for loss or inconvenience suffered by users
Prepared by P. Kelln, Sept. 2001
ORDER RESTRAINING HARASSMENT
Restraining Order
Section 37 Family Relations Act
On application, a court may
(a) make an order restraining any person from molesting, annoying, harassing, communicating or attempting to molest, annoy, harass or communicate with the applicant or a child in the lawful custody of the applicant or both the applicant and a child, and
(b) require a person named in an order under paragraph (a)
(i) to enter into a recognizance, with or without sureties, or to post a bond, and
(ii) to report to the court or a person designated by the court, at the times and places and for the period of time the court directs.
ORDER PROHIBITING INTERFERENCE WITH CHILD
Non-Interference Order
Section 38 Family Relations Act
(1) if a court makes a custody order or a custody order or separation agreement is enforceable by a court, the court may,
(a) order that a person must not enter premises, including premises the person owns or has a right to possession of, where the child resides from time to time,
(b) order that a person must not make contact or endeavor to make contact with or otherwise interfere with either the child or any person who has custody of or access to the child, or
(c) if the court concludes that the person named in its custody order may not comply with an order under paragraph (a) or (b), further order that the person
(i) enter into a recognizance, with or without sureties, in any reasonable amount that the court thinks necessary,
(ii) report to the court or person designated for the period of time, and at the times and places, as the court considers necessary and reasonable,…
TEMPORARY PROPERTY RELIEF
Section 124 Family Relations Act
(1) an order under this section is for temporary relief pending determination of the rights to the property of the spouses by agreement or by a court that has jurisdiction in those matters.
(2) a court may make an order under this section respecting property that is owned or leased by one or both spouses and is or has been
(a) occupied by the spouses as their family residence, or
(b) personal property used or stored at the family residence.
(3)On application, the court may order that one spouse for a stated period
(a)be given exclusive occupancy of the family residence, or
(b)to the exclusion of the other spouse may use all or part of the personal property at the family residence.
RESTRICTION OF CONTACT
Section 126 Family Relations Act
(1) A court may, on application, order that, while the spouses continue to live separate and apart, one spouse must not enter premises while the premises are occupied by the other spouse or a child in the custody of the other spouse.
(2) Subsection (1) applies whether or not the spouse against whom the order is made owns or has a right to possession of the premises.
WHAT DOES IT MEAN?
Note: ”Spouse” means spouse, common-law partner or ex-partner
RESTRAINING ORDERS
· A court order saying that your “spouse” cannot harass or communicate with you
· Can include your children
· Usually designed to prevent ALL communications
· If you are not a “spouse” there must be children somehow related to the person against whom the restraining order is being obtained.
· Can include children
NON-INTERFERENCE ORDER
· Often used together with Restraining Order
· Have to have a Custody Order
· Rarely given
· “Spouse” cannot enter place where child lives
· “Spouse” cannot make contact with child or person with legal custody
TEMPORARY PROPERTY RELIEF
· You can occupy your home exclusively
· must be legally married or have lived together for 2 years
· Lasts as long as you and your “spouse” BOTH have legal right to property
RESTRICTION OF CONTACT ORDER
· “Spouse” cannot enter specified place ie: workplace, daycare, etc.
RESTRAINING ORDERS (RO)
PEACE BONDS (PB)
· RO issued under Family Relations
Act, (Provincial)
· PB issued under Canadian Criminal Code (Canada Wide)
· RO Civil-Person vs. Person
· PB Criminal-Crown vs. Person
· RO Spouse does not need to appear
· PB Spouse needs to be arrested
· RO no time restrictions
· PB limited to 12 months
· RO requires lawyer to obtain
· PB not obtained from lawyer
IMPORTANT POINTS
· Have a personal safety plan
· RO may become invalid upon receiving Divorce Decree
· Keep a record of all incidents even if you cannot prove your “spouse” committed these acts.
· Carry a copy of the Court Order with you at all times.
· Make sure you understand the order
· Phone the 911 immediately if your “spouse” disobeys anything in the order.
· Ensure that the phrase “ANY PEACE OFFICER HAVING JURISDICTION IN THE PROVINCE OF BRITISH COLUMBIA WHO ON REASONABLE AND PROBABLE GROUNDS BELIEVES THAT THE RESPONDENT IS IN BREACH OF THE TERMS OF THIS ORDER SHALL IMMEDIATELY ARREST THE RESPONDENT AND BRING HIM/HER BEFORE THIS COURT ON THE NEXT COURT DATE FOLLOWING THE ARREST...”
· Have workplace address specified in Restraining Order if you feel it is necessary.
· Ensure your order is registered in the PROTECTION ORDER REGISTRY 1-800-563-0808
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