Can I Limit My Partner’s Access to Our Home if I Feel Unsafe?

FAQs

Can I Limit My Partner’s Access to Our Home if I Feel Unsafe?

Yes, you can limit your partner’s access to your home if you feel unsafe. In British Columbia, the Family Law Act (FLA) provides legal mechanisms to protect individuals from family violence, including restricting access to the family home. This can be achieved through court orders such as exclusive possession orders, protection orders, or restraining orders.

Legal Steps to Limit Access to Your Home

1. Apply for an Exclusive Possession Order

  • An exclusive possession order grants one spouse or partner the sole right to live in the family home, regardless of whose name is on the title or lease.

To obtain an order, the court considers:

  • The safety of the applicant and any children.
  • The availability of alternative housing for both parties.
  • Whether exclusive possession is necessary to prevent harm.

2. Seek a Protection Order

  • A protection order can prohibit your partner from entering your home or being within a specified distance of it.
  • It is enforceable by police, and violating the order is a criminal offense.

3. Request a Restraining Order

  • A restraining order can prevent your partner from contacting or approaching you, your home, or your workplace.
  • Restraining orders are often part of broader family law or divorce proceedings.

4. Change the Locks (in Certain Circumstances)

  • If you are the sole owner or tenant of the home, you can change the locks to restrict access.
  • If the home is jointly owned or rented, consult a lawyer first, as your partner may have legal rights to the property without a court order.

5. Emergency Protection

  • If you feel unsafe, contact the police. They can help remove your partner from the home if there is an immediate threat of violence or harm.

Evidence to Support Your Request

To successfully limit your partner’s access to the home, you should provide evidence of the risk to your safety, such as:

  • Police or incident reports.
  • Affidavits describing threatening or violent behavior.
  • Medical or counseling records.
  • Witness statements or communications (e.g., texts, emails) showing abusive behavior.

Example in a Vancouver Context

A Vancouver resident feels unsafe due to their partner’s escalating verbal threats and aggressive behavior. They apply for:

  1. A protection order prohibiting the partner from entering their Yaletown apartment.
  2. An exclusive possession order to secure sole access to the home during the separation process.
  3. Support from local law enforcement to enforce the orders and ensure their immediate safety.

What Happens After an Order Is Granted?

Enforcement by Police

  • If your partner violates a protection or exclusive possession order, contact the police immediately.

Temporary Nature of Orders

  • These orders may be temporary and subject to review. They can be extended if the risk persists.

Continued Safety Planning

  • Work with local support organizations to create a safety plan for you and any children.

Seek Legal Assistance

If you feel unsafe and need to limit your partner’s access to your home, consult Mills Family Law, experienced Vancouver family lawyers, for immediate assistance. We can help you apply for legal protections to ensure your safety and peace of mind. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQs

For more information, refer to the BC Family Law Act or contact local domestic violence resources for support.

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