Episode-14-Conduct-and-Protection-Orders-01-15-2017

While in common parlance we talk about “restraining orders”, in British Columbia we actually now call them “protection orders”.  In this episode we discuss the introduction of protection orders, the intention of protection orders and the practical application of how effective this change has been, along with how these orders are different from the previous FRA restraining orders.  What exactly does a protection order prohibit, in terms of the offending person’s behavior and who can be the subject of a protection order?  A necessary component of this discussion is the expansive definition of “violence” in the Family Law Act.  This discussion leads us to explore when a protection order is appropriate and the factors a court looks at in assessing the reasonableness of issuing a protection order?   In addition, we explore the benefit of the underrated “conduct order” and the flexibility of this alternative and why we find it to be an incredibly helpful addition to conflict resolution in the family law forum.