- A protection order application in Manitoba can be made without notice to the other person, to a designated justice of the peace.
- The justice must find four grounds and weigh risk factors such as history of abuse, escalation, coercive control and access to firearms.
- An order generally lasts three years unless a longer period is set, and the other person can apply to set it aside within 20 days of service without pausing the order.
If you are afraid of a current or former partner, a family member or someone who is stalking you, you may want a legal order that sets clear limits on contact. In Manitoba, one option is a protection order under The Domestic Violence and Stalking Act.
This article explains in plain terms who the Act covers, how an application is made, what the justice looks at, what an order can include and how long it lasts. If you are in immediate danger, contact emergency services first. This is general information, not legal advice.
This article covers the law of Manitoba.
Who the Act protects
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 who have a family relationship, people who have or had a dating relationship, and people who are parents of the same child.
- Current or former spouses and common-law or intimate partners
- Family members
- Current or past dating partners
- Parents of the same child
The Act deals with domestic violence and with stalking, so it can matter even if you no longer have any contact with the person except through unwanted behaviour.
Because the list is broad, you may be covered even if you were never married or never lived with the other person. Whether your situation fits depends on the facts, so it is worth confirming with a lawyer.
How the application works
An application for a protection order may be made without notice to a designated justice of the peace. That means the other person does not have to be told in advance or be present when the application is considered.
The person who needs protection, called 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.
Before you apply, it helps to write down dates, events, messages and any threats, and to think about safety planning for where you will stay. A lawyer or a victim services worker can help you organize this.
What the justice must find
The justice must be satisfied of four things: the respondent is committing or has committed domestic violence or stalking against you; you believe it will continue or resume; you need 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, including history of abuse, escalation, coercive control and access to firearms. Details on these points are useful to include when you describe what has happened.
Because the application may be made without notice, it helps to be clear and specific about why the matter is urgent. Concrete details, such as dates and what was said or done, give the justice something to weigh against the grounds.
What an order can include and how long it lasts
A protection order can include no-contact terms, removal of the respondent from the residence, and temporary possession of personal effects. It can also require the surrender of firearms.
| Topic | What the Act says |
|---|---|
| Length | Three years after it is granted, unless the justice sets a longer period needed for protection |
| Court status | Once filed in court, it is an order of the court |
| Respondent challenge | May apply to set it aside within 20 days of service |
| Effect of a challenge | The application does not stay the order |
In practice, this means the order stays in effect while any challenge is pending. If the order is broken, contact police, and speak with a lawyer about what options may apply in your situation.
What to do next
- If you are in danger now, call emergency services.
- Write down dates, incidents, messages and any access the other person has to firearms.
- Decide whether you will apply in person or ask a lawyer, peace officer or designated person to do so with your consent.
- Keep a copy of any order and carry it with you.
- Ask a lawyer how the order fits with any parenting, support or property issues.
- Read the official PDF of the Act, since the authoritative text is the PDF and not the unofficial consolidation.
Family court steps, support and property questions are separate from a protection order, so it is worth getting advice on the whole picture.
If you also need to go to the Court of King's Bench, Family Division, about parenting, support or property, urgent issues can be prioritized for hearing within 30 days, although the usual triage model does not apply to every kind of case.
Frequently asked questions
Does the other person have to be told before I apply?
No. An application may be made without notice to a designated justice of the peace. Once an order is made, the respondent may apply to set it aside within 20 days of service.
Can someone apply for me?
Yes, with your consent. A lawyer, peace officer or person designated by the minister may apply on behalf of the subject.
How long does a protection order last?
It expires three years after it is granted, unless the justice sets a longer period that is needed for protection.
Can the other person get the order cancelled?
The respondent may apply to set it aside within 20 days of service, but that application does not stay the order, so it keeps applying until a decision is made.
Sources
- 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.
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