- A protection order application can be made without notice to the other person, to a designated justice of the peace.
- The justice must be satisfied of specific grounds and must consider risk factors such as history of abuse and coercive control.
- A protection order generally expires three years after it is granted unless a longer period is set.
If you are afraid of a current or former partner, you may be wondering whether there is a faster, more direct route than a full family court case. In Manitoba, The Domestic Violence and Stalking Act offers a separate process aimed at protection.
This article explains in plain terms who can apply, how the application generally works, what the justice looks at and what an order can contain. If you are in immediate danger, contact emergency services first. Everything here is general information, not advice about your situation.
This article covers the law of Manitoba.
Who can apply, and who is covered
The Act is not limited to married couples. It covers people who live or have lived together in a spousal, conjugal or intimate relationship, people with a family relationship, people who have or had a dating relationship, and parents of the same child.
The person who needs protection is called the subject. The subject may apply in person. A lawyer, a peace officer or a person designated by the minister may also apply, but only with the subject's consent.
How the application works
An application for a protection order may be made without notice to a designated justice of the peace. In plain words, the other person does not have to be told in advance or be present when the justice first considers the request.
The exact forms, where to file and what supporting documents to bring are not something to guess at. Forms and current filing steps can change, so confirm them with the court office, a victim services worker or a lawyer before you go.
What the justice must be satisfied of
The justice looks at several grounds. The respondent is committing or has committed domestic violence or stalking against the subject, the subject believes it will continue or resume, the subject needs protection because that is reasonably likely, and because of the seriousness or urgency the order should be made without delay.
The justice must also consider risk factors such as history of abuse, escalation, coercive control and access to firearms. This is why a clear, dated account of what has happened matters.
- Write down incidents with dates, places and what was said or done.
- Keep threatening messages, voicemails or emails rather than deleting them.
- Note any weapons or firearms the other person has or can reach.
- Note anything that shows things are getting worse over time.
- Record any injuries or police and medical contacts.
What an order can include and how long it lasts
A protection order may include no-contact terms, removal of the respondent from the residence, and temporary possession of personal effects. Firearm surrender is also addressed in the Act.
An order expires three years after it is granted unless the justice sets a longer period that is needed for protection. Once filed in court, it is an order of the court.
The respondent may apply to set the order aside within 20 days of being served. That application does not stay, or pause, the order. If you have questions about what happens when an order is not followed, it is worth confirming with a lawyer or the police.
Protection orders and family court
A protection order deals with safety. Parenting, support and property are decided in other proceedings. Those family matters are heard in the Court of King's Bench, Family Division, which follows its own steps, including filing, serving the other party and requesting a triage conference. The triage model does not apply to child protection, adoption, consent orders, and uncontested divorce or separation, which follow different processes.
Separation itself does not need a court order. Spouses can simply live separate and apart. If safety is a concern, an application for a protection order may be made without notice to a designated justice of the peace.
What to do next
- If you are in immediate danger, call emergency services.
- Make a safety plan with someone you trust or a victim services worker.
- Gather your notes, messages and any documents about incidents.
- Confirm current forms and filing steps with the court or a lawyer.
- Ask a lawyer how a protection order fits with your parenting, support and property issues.
A lawyer can look at your facts, explain your options and help you prepare, including for the later family law steps.
Frequently asked questions
Can someone else apply for the order for me?
A lawyer, a peace officer or a person designated by the minister may apply, but only with your consent. You can also apply yourself in person.
Does the other person get told before the order is made?
An application may be made without notice to a designated justice of the peace. The respondent can later apply to set the order aside within 20 days of service, and that application does not stay the order.
Do we have to be married or live together?
No. The Act also covers people in a dating relationship, people with a family relationship, and parents of the same child.
How long does a protection order last?
It expires three years after it is granted unless the justice sets a longer period needed for protection. A lawyer can explain what applies to your order.
Sources
- Manitoba Family Law – Separation — manitoba.ca
- The Domestic Violence and Stalking Act, CCSM c. D93 — web2.gov.mb.ca
- Manitoba Family Law – Family Division Procedures — gov.mb.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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