Legal Question in Family Law in Canada

Re: Restraining Order

As noted on the LawGuru website, questions directed to this lawfirm must be answered with reference to british Columbia law. In British Columbia, the Police do not and can not make restraining orders; only a Court can issue orders. The police can in some circumstances arrest a person and release them on conditions which are similar to bail conditions. If the assault was serious enough for him to be charged, then the decision on whether or not to proceed with the charge, including whether or not to continue with the restraining Order is the decision of British Columbii Crwon Counsel, not of the abused wife. She should not be intimidated or sweet-talked into ignoring the matter as in the vast majority of cases the abusive behaviour continues. The abused wife should call the local Womens' Transition House or Sexual Assault Centre for advice and assistance.