How to apply for a Protection Order (The Domestic Violence and Stalking Act)

November 3, 2019 posted by

Protection orders are court orders for emergency
protection in urgent situations. You can apply for a protection order for yourself and your
children from the Provincial Court if you or your children are experiencing domestic
violence and/or stalking, if you feel that the behaviour is likely to continue and if
you are in urgent need of protection Protection orders may also be requested by
someone applying on behalf of a vulnerable person needing urgent protection from domestic
violence or stalking. If you are applying for a protection order,
you are the “applicant”. The person you are applying against is the “respondent”. Because protection order applications take
place without giving prior notice to the respondent, it is especially important that you give both
your written and oral evidence fully and completely. You must state all relevant facts, whether
or not you think those facts will help your case. Domestic violence happens when a person commits
an intentional, reckless or threatened act that causes bodily harm to another or property
damage or a reasonable fear of bodily harm or property damage. It may include physical,
emotional, and psychological abuse as well as forced confinement or sexual abuse. This
can occur in an intimate partner relationship, for example between married, common law or
dating partners, between family members or two people who have a child together. Stalking happens when a person is harassed
or bothered repeatedly by another person, causing them to be fearful for their personal
safety. It may include communicating or attempting to communicate directly or indirectly with
an individual. It can also include acting in a threatening way towards a person or watching
where a person goes or what they do. You do not need to have been in any kind of relationship
with the person who is stalking you to apply for a protection order. Applying for a protection order begins with
filling out an application and having a hearing with a Judicial Justice of the Peace. The
applications are available in either French or English. The application and hearing can
either be done in person or by telephone or video link. All protection order hearings
are recorded so if you don’t want the respondent to know where you live, make sure you do not
provide your address in either your written documents or during the hearing. There is no fee to apply for a protection
order. You can apply for a protection order on your own when applying in person. However,
if you apply by phone or video, you must be assisted by a lawyer, peace officer or a community
service provider called a Protection Order Designate. If you choose, you can also have
a lawyer, peace officer or a Protection Order Designate assist you with the application.
A lawyer will charge you for their services though. Protection Order Designates are people who
are trained to help clients within their social service agency to apply for a protection order.
There are over 40 social service agencies with trained Protection Order Designates throughout
the province of Manitoba. If you are receiving support from a community agency, you can ask
if they have a Protection Order Designate who can assist you. The Protection Order Designate
may be able to go with you to the court centre to assist you to fill in the application and
affidavit. When applying in person for a protection order,
you must attend to a court centre closest to you and fill out an application. You will
need to complete a fill-in-the-blank affidavit describing the incidents of domestic violence
and/or stalking. A Staff Justice of the Peace will then confirm your identification and
have your application sworn or affirmed. It is a good idea to bring photo identification
to confirm your identity but you can also bring other types of identification. If you are applying at the Law Courts in Winnipeg
during regular business hours, you can ask the Staff Justice of the Peace to call a Victim
Services Worker who may be available to come and help you fill out the application. Since
protection orders are for emergency situations, you will have a hearing on the same day that
you apply for one and you will know if you will receive the order that same day. The
entire process can take several hours so it is a good idea to bring some water and/or
a snack. Children are not allowed in the hearing so you must make childcare arrangements before
you come down to the court centre. When applying by phone or video, you can go
to either a regional court office, a police detachment or a lawyer’s office for assistance.
You are still required to fill out an application along with a fill-in-the-blank affidavit describing
the incidents of domestic violence and/or stalking. Protection Order Designates can
also assist you with applications. You can also hire a lawyer to file the application,
but you will be charged for their services. For a telephone or video application, your
identification is either confirmed by a notary public, a justice of the peace, a Protection
Order Designate or a law enforcement officer who then has the document sworn or affirmed by you. A phone call is then made to the Judicial
Justice of the Peace Co-ordinator to schedule the telephone hearing. Once the Co-ordinator
confirms who will be doing the hearing, the protection order application is faxed to the
Judicial Justice of the Peace dealing with the matter. The hearing will then be done
either by video link or by telephone. The Judicial Justice of the Peace will ask you
to tell the truth and then hear your oral evidence. After you present your evidence,
the Judicial Justice of the Peace will either grant or dismiss your application, giving
the reasons for their decision. If the order is granted, court staff will
prepare the order and provide you with a copy that day. They will also make sure that a
copy of the order is faxed to the appropriate police agency or sheriff for service on the
respondent as soon as possible. Once a protection order is granted, it is filed with the nearest
Court of Queen’s Bench and it becomes an Court of Queen’s Bench order. The Protection Order is in effect as soon
as it is granted, but the respondent cannot be charged with breaching the protection order
until he or she has been served with the order. This is because they won’t know about the
order until they have been served with it. You can call the police at any time if the
respondent is in breach of the conditions in the order or if they abuse or threaten
you in any way. It is important to have a safety plan or protection plan in place. You
can discuss safety planning with the Victim Services Worker or the Protection Order Designate.
You can also find information about safety planning on the government of Manitoba website
under the departments of “Manitoba Justice” and Family Services. Even though it is not
required, it is a good idea to have a copy of your protection order with you at all times. The respondent has the right to get copies
of the application and affidavit forms filed by the applicant as well as a transcript of
the evidence given at the protection order hearing. They have the right to apply to have
the order set aside. Protection orders are usually granted for
a period of three years. During this time, you need to apply yourself to have the order
revoked if you no longer want to have it in place. You can also apply to have some of
the conditions changed. To do this you would have to come to the Court of Queen’s Bench
and set up a hearing with a Judge. You will have to present your evidence about why you
want the order revoked or varied. The respondent can also apply to set aside the protection order
or vary any of the conditions during the time that the order is in effect. The Courts’
website contains guidelines that deal with revoking, varying or setting aside a protection
order. If your protection order is about to expire,
you can apply for another order if there have been more incidents of domestic violence and/or
stalking or if you have reason to believe that the behaviour may start up again. You
must provide a copy of your current protection order when you apply again.

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