LEGAL ACTION

Understanding Protection Orders
​A Guide to the Domestic Violence and Stalking Act
​If you are in urgent need of protection for yourself or your children, you may apply for a Protection Order. This document provides the essential information needed to begin your application.
​Key Definitions
​To navigate the application process, it is helpful to understand these specific terms:
​Applicant: The person applying for the protection order.
​Respondent: The person from whom you are seeking protection.
​Judicial Justice of the Peace (JJP): The court official who hears your case and makes a decision based on the evidence presented.
​Protection Order Designate (POD): A specially trained professional available to help you complete your application.
​What Qualifies as Domestic Violence or Stalking?

Guide to the Domestic Violence and Stalking Act
​What Qualifies as Domestic Violence or Stalking?
Domestic Violence Occurs in close relationships (married, common-law, family, or dating). It involves one person using violence or abuse to cause fear and gain control. This includes physical harm, threats, emotional abuse, sexual abuse, or forced confinement.
Stalking Occurs when a person repeatedly harasses or bothers another, causing them to fear for their safety. This includes being followed, unwanted communication (direct or indirect), or being watched at home or work.
​If you are in urgent need of protection for yourself or your children, you may apply for a Protection Order. Great Change provides the essential information needed to begin your application, and helps you follow through the process, start to finish.

​Key Terms/Definitions
​To navigate the application process, it is helpful to understand these specific terms:

​Applicant: The person applying for the protection order.
​Respondent: The person from whom you are seeking protection.
​Judicial Justice of the Peace (JJP): The court official who hears your case and makes a decision based on the evidence presented.
​Protection Order Designate (POD): A specially trained professional available to help you complete your application.

What is a Protection Order?
​A Protection Order is an urgent court order granted by a JJP. It is designed to forbid the Respondent from having contact with the Applicant.

​Common Conditions of an Order:
​No Contact: The respondent may not communicate with you directly or indirectly.
​Stay Away: The respondent is prohibited from coming near your home, job, school, or place of worship.
​No Following: The respondent may not follow you or any other person specified in the order.
​Weapon Seizure: The respondent must surrender weapons to the police.
​Possession of Property: You may be granted temporary possession of necessary personal belongings.
​Police Assistance: Officers may be authorized to help you retrieve belongings or remove the respondent from your home.
​Note on Court Appearances: As of October 17, 2010, an exception may allow a respondent to attend court proceedings where you are present. However, they must remain at least two meters away and cannot speak to you without the express approval of a judge or mediator.
​Who Can Apply?
​You do not have to wait until you are physically injured to seek help. You can apply if you have been stalked or subjected to domestic violence and believe the behavior will continue.
​To qualify, you must show that:
​You are currently (or were previously) living with or dating the respondent; OR
​You share a child with the respondent; OR
​You and the respondent are family members.
​Your Responsibility:
As the Applicant, you must provide the JJP with specific facts, times, dates, and locations of incidents to demonstrate why you have an urgent need for protection.
​Need Help Applying?
​Reach out to us now so we can review your situation and help you draft a "Checklist of Evidence" (Dates, Times, Descriptions) for your application and help prepare for meeting with the JJP!
Mon-Sun 24/7  Don't Hesitate! 

There is no charge for obtaining a Protection Order. However, please note that a fee may apply if you later choose to apply to have the Protection Order cancelled.

There are two ways to apply for a Protection Order: in person or online.

1. Applying In Person

• Visit the Court: Go to the Law Courts (Domestic Relations) building nearest to you and request a hearing.
• Complete Paperwork: You will fill out an application and an affidavit (a sworn written statement) describing the stalking or domestic violence.
• Get Support: Court staff will schedule your hearing. They may recommend you speak with an advocate for help with your application and safety planning.
• The Hearing: You will go to a courtroom where a Judicial Justice of the Peace (JJP) will hear your case. The JJP may be physically present or available via video conference.
• Support Persons: You are welcome to bring a friend or support person, but it is best not to bring children to the court.

2. Applying Online

• Access Forms: Search for the necessary forms at the Department of Justice website or click our "Find Out More" button above.
• Submit via Email: Fill out the application and affidavits and email them to the court’s contact address. (Please reach out to us if you need help finding the correct email address).
• Evidence: While you do not strictly need witnesses to apply, they may provide evidence if they have first-hand knowledge of the facts.

Completing the documents and participating in the hearing can take several hours. If the JJP finds sufficient evidence, the order is granted immediately at the end of the hearing.

Important: The order is effective the moment it is signed. However, the respondent must be officially "served" with the order before they can be criminally charged for breaching its conditions. Once granted, the order is entered into a police registry for immediate enforcement.
 

The police or sheriff’s office will serve the respondent as soon as possible. The respondent then has 20 days (unless a judge grants an extension) to apply to have the order set aside or cancelled. If they challenge the order, you will be notified and given the opportunity to explain to the court why the protection should remain in place.

• Standard Duration: Orders made after October 31, 2005, usually last for three years.
• Extensions: A JJP may grant a longer order if they believe you require extended protection.
• Renewals: If your order is expiring and you still need protection, you can apply for a new one within three months of the expiry date.
• Older Orders: Protection Orders made before October 31, 2005, do not expire.

• Orders are not Guarantees: A Protection Order is a legal tool, but it is not a physical shield. You still need a comprehensive safety plan.
• Evidence is Key: An order is not automatic. JJPs issue orders based on case law and specific evidence. Be prepared with dates, times, and locations.
• Jurisdiction: Some provinces recognize Protection Orders granted elsewhere. Please check our full website for more details on orders outside of Manitoba.

For more information on domestic violence or to create a safety plan, call the provincial crisis/information line toll-free: 1-877-977-0007.How much does it cost?

There is no charge for getting a Protection Order.