Can I Get an Order to Keep My Spouse Out of the Home in Manitoba?

If you live with a spouse or partner who is abusive or frightening, you may want to know whether a court can require them to leave the home. In Manitoba, one clear route is a protection order.

This article explains who can apply, what must be shown and how long an order lasts. If you are in immediate danger, contact emergency services first.

This article covers the law of Manitoba.

The protection order route

The Domestic Violence and Stalking Act covers people who cohabit or have cohabited 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. Protection orders may include no-contact terms, removal of the respondent from the residence, temporary possession of personal effects and firearm surrender.

How an application is made

An application can be made without notice to a designated justice of the peace. The person who needs protection may apply in person, and a lawyer, peace officer or person designated by the minister may apply with that person's consent.

What has to be shown

• 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.
• 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.

How long it lasts and how it can be challenged

A protection order expires three years after it is granted, unless the justice sets a longer period needed for protection. Once filed in court, it is an order of the court. The respondent may apply to set it aside within 20 days of service, and that application does not stay the order.

Separate from protection orders, homestead rights apply to married persons and people in common-law relationships whether or not the non-owner is on title. An owner may not dispose of the homestead during the owner's lifetime unless the spouse or common-law partner consents in writing in the prescribed form. A spouse or common-law partner with homestead rights may also register a homestead notice in the land titles office, which blocks registration of a disposition until the notice is vacated or discharged. How these rights apply to who may live in the home depends on your situation, so it is worth confirming with a lawyer.

Other points about separating and your home

Separating does not require a court order or a formal separation agreement. Spouses may simply live separate and apart, and separated spouses remain legally married until a divorce. Manitoba guidance recommends, but does not require, a written separation agreement, family arbitration award or court order when there are children or issues about property or financial support.

A spouse or common-law partner with homestead rights may register a homestead notice in the land titles office, and registration of a disposition is blocked until the notice is vacated or discharged. A spouse may also release homestead rights in writing in the prescribed form for valuable consideration, after which the land ceases to be that spouse's homestead. Because releasing rights has real consequences, get legal advice before you sign anything.

In the Court of King's Bench, Family Division, urgent issues can be prioritized for hearing within 30 days. Whether your situation qualifies depends on the facts, so it is worth confirming with a lawyer.

What to do next

• If you are in danger, contact emergency services right away.
• Write down incidents, dates and any history of abuse, threats or controls.
• Note whether the other person has access to firearms.
• Talk to a lawyer about a protection order and any other orders about the home.
• Make a safety plan, including where you and any children can stay.

Frequently asked questions