There are times when one area of the law crosses into another. Family law in British Columbia can touch on circumstances that could bring about charges in other areas such as criminal law. For instance, this can occur when there is abuse present in a relationship and one individual files a protective or restraining order against the other.
Do Protection Orders Actually Work?
Firstly, protection orders must be approved by the court and secondly, if someone is bent on harming another individual, a piece of paper may not do the trick, experts say. On the other hand, some family mediators suggest the orders are better than nothing at all, although they shouldn’t be the only protective measure for those affected by domestic abuse and violence. In Canada, peace bonds are protection orders for more serious cases when a victim may not have a family connection with the accused, whereas restraining orders are usually issued against perpetrators who are more reasonable and more likely to follow the order.
Those who file protection or restraining orders should know that in terms of safety, they should be especially cautious between the time the order is filed and court approval. Those who file for these orders are often trying to balance feeling empowered with feeling safe. In many circumstances, it is difficult to gauge how the person on whom the order is filed will react to the news.
Protect the Best Interest Of Your Child
In any case, a family law lawyer experienced with these types of situations in British Columbia may be the best individual from whom to obtain advice and guidance. A lawyer would be able to point out options to his or her client in these types of instances. A lawyer is also in the position of helping a client fill out the necessary paperwork and court forms as well as representing the client in court.
Find out what legal options you have to parent your child following a separation. Call Henderson Heinrichs LLP at 1-844-669-3500 or arrange a free, half-hour consultation through our online enquiry form.