Family Violence: Protection and Conduct Orders

Unfortunately, family violence can be a factor in family law proceedings. If you or your child(ren) are experiencing or being exposed to sexual, physical, financial, emotional, verbal, or psychological violence in any form (including harassment, stalking, threats, intentional damage to property, intimidation, coercion, or control), our team at Mountain Peak Law can help you seek legally enforceable protection.

There are two main options through family law proceedings when you need to control conflict or abuse from a former spouse, your child(ren)’s parent, or another family member: protection orders and conduct orders. Protection orders are criminally enforceable, meaning that if the person you receive a protection order against fails to follow the order, you can call the police and charge that person criminally. Conduct orders are enforceable through the courts, meaning that if the person you receive a conduct order against fails to follow the order, you can seek a fine, a warning, or other court sanctions against that person within the family law court system. Both protection and conduct orders can include terms about how and when another person can contact you and your child(ren) or how and when another person is allowed to be around you and your child(ren).

The best way that you can help your lawyer when applying for a protection order is to create a timeline of incidents of violence or abuse that occurred before, during, and after your relationship. It is also helpful to keep date-stamped emails, text messages, or other communications in which the other person is uttering threats, being intimidating, or being verbally abusive. Police report numbers and social worker business cards may also be of assistance.

If you need legal help dealing with the aftermath and ongoing impacts of family violence, Mountain Peak Law is here. If you need practical assistance with counselling, shelter, food, or financial needs, please find some community resources listed below:

(1)     Ann Davis Transition Society (www.anndavis.org)

(2)     Wilma’s Transition Society (www.wilmastransitionsociety.org)

(3)     SARA for Women (www.saraforwomen.ca)

(4)     Cyrus Centre (www.cyruscentre.com)

(5)     Ishtar Women’s Resource Society (www.ishtarsociety.org)

(6)     Hope and Area Transition Society (www.hopetransition.org)

(7)     Cythera Transition House (www.cythera.ca)