Can you get an Indefinite or Permanent Protection Order? - by Haadia Khalid
In Williams v Williams, 2022 BCSC 517, the court noted the following regarding permanent protection orders:
[91] Here the claimant seeks a permanent protection order. That is a very rare remedy. A permanent protection order is usually made to address an ongoing threat that would warrant such an order.[1]
In Williams, the court refused to grant a permanent protection order, and found that it was unnecessary given the nature of the violence (psychological), because there was no direct physical attack involved and the original protection order stems from an incident that was situational in nature. Similarly, in C.Y.J. v R.J, 2022 BCSC 1901, the court refused to grant a permanent protection order because Ms. J had not recently perpetrated a pattern of actual physical violence against Mr. J that would put him in imminent danger.
In Prasad v. Prasad, 2015 BCSC 207, the wife sought a protection order on the basis of a pattern of verbal, emotional and physical abuse throughout the relationship (including pulling the wife’s hair, pushing her to a wall, threatening her with a meat cleaver and scissors). The court granted a permanent protection order (which the husband is not entitled to apply to vary or amend for 3 years). The court was persuaded that in light of his history of violent behavior and reaction, that there was a risk of increased ongoing violence:
[56] Many of the factors referred to in s. 184 are present in this case. There is a history of family violence by the husband against the wife from the beginning of their marriage, including physical, verbal and emotional abuse. I accept the wife’s evidence the violence has escalated as the husband has aged and experienced greater stress.
[57] Based on his evidence, it is clear that a division of what he considers to be “his assets” will be very stressful for the husband. In my view, the wife’s perception that her risk will increase when the assets are divided is well founded.
[58] In my view, given his history of violent behaviour and his reaction to the questions of the wife’s lawyer at trial, it is likely the husband will react violently towards the wife if there is a division of the assets and pensions of the parties which does not weigh heavily in his favour. It is also clear from his evidence the husband will not agree to stay away from the wife and stop communicating with her.
In F.Z. v A.G.Z, 2018 BCSC 1248, the court granted a permanent protection order. In the case, the respondent verbally and physically abused the claimant on multiple occasions. The court emphasized the following factors in reaching its’ decision to grant a permanent protection order:
[38] Accepting the evidence of the claimant as I have, there is no question that there has been family violence perpetrated by the respondent against both the claimant and the children. That violence appears to be escalating and both the children and the claimant are clearly at-risk family members who have been and will likely continue to be the brunt of the respondent’s anger and volatile outbursts if nothing is done.
[39] I have considered whether protection orders are required or whether conduct orders might suffice. I conclude that the respondent’s behaviour, now six years after separation, is still so marked by anger that there is a serious danger that he will not abide by conduct orders.
…
[41] The length of time these parties have been separated suggests to me that circumstances may well not improve over the standard one-year period for protection orders. These protection orders will thus remain in effect permanently, absent agreement or further order.
[1] This approach is endorsed in subsequent cases: S.H.A. v. S.S.H., 2023 BCPC 41, S.P. v. A.M., 2023 BCPC 164; C.Y.J. v R.J, 2022 BCSC 1901.
