Protection Orders for Domestic Violence and Stalking

In Manitoba, there are legal measures under The Domestic Violence and Stalking Act to help protect you from domestic violence or stalking.

If you are in urgent need of protection for yourself and/or your children, you can apply for a protection order at a designated court location.

If you qualify, you can get a protection order without the person who you want to be protected from (the respondent) knowing that you have applied.

To learn more about Domestic Violence and Stalking, visit this page

If you are in immediate danger or urgently fear for your safety, you should call the police for help.

What is a Protection Order?

A protection order (sometimes called a “restraining order”), is a court order that forbids the respondent from contacting you.

The person who reviews your application and makes the decision about if a protection order will be granted is called a Judicial Justice of the Peace (JJP).

What does a Protection Order do?

Protection orders can impose conditions on the person you want to be protected from such as:

  • They may not communicate with you or contact you directly or through other people.
  • They may not come near any place that you are or are frequently at, such as your home, job, school, or place of worship.
  • They may not follow you.
  • They must turn over guns or other weapons to the police - or the police can search for and seize these items.
  • They must give your necessary personal belongings to you, at least temporarily. You may have the help of a police officer to get your personal belongings.
  • If they are living in your home, you may have the help of a police officer to remove them from your home.

A protection order is a legal document. Once a protection order is issued, the police can arrest the respondent if they are not following the conditions.

Do I qualify for a Protection Order?

Only a JJP can decide whether you qualify for a protection order. You can apply if you have been subjected to domestic violence or stalking, you have reason to believe that it will continue, and the situation is serious or urgent enough that the protection order should be made without delay.

You do not have to wait until you have been physically injured to seek help.

To apply for the protection order, you must complete an application form, and also explain in person or over the phone to a JJP:

  • Why you need the order; and
  • Give facts, times, dates and locations of incidents that show why you urgently need protection.

You can ask for your children to be included in the Protection Order if they are also at risk because of Domestic Violence or Stalking.

How much does it cost to apply for a protection order?

There is no cost to apply for a protection order.

However, if you wish to cancel or change the protection order before it expires, there is a fee.

How do I apply for a protection order?

  1. Go to the nearest courthouse during their hours of operation and ask for a Protection Order hearing.
  2. Court staff will give you forms where you can describe the stalking or domestic violence.
  3. After you fill out the forms, staff will schedule a hearing for you that day where the JJP will speak to you in-person or by video conference.

If you are not able to go to a courthouse, you can apply for a Protection Order by contacting a POD, lawyer or police officer. They can help you fill out the forms, and will submit the application on your behalf. They will also set up a phone call where you will speak with a JJP and present your evidence.

You can also bring a friend or another person with you for support.

You can access and print the Application for a Protection Order and Confidential Personal Information Form, before you go to the hearing at:

Application for Protection Order

Application for Protection Order (on behalf of)

Confidential Personal Information Form

Can I get help applying for a protection order?

If you need help filling out the forms, you can tell the Court staff. They may refer you to a victim services worker or a Protection Order Designate (POD) for help filling out the application.

How long does it take to apply for and receive a protection order?

Completing the application and participating in the hearing can take several hours. If the JJP finds that you have sufficient evidence, the order may be granted at the end of the hearing.

What if I am not granted a protection order?

Just because you applied for a protection order does not mean one will be granted. JJPs issue decisions based on case law, evidence and facts, and require that you are specific and detailed about your situation.

If a protection order is not granted, it does not mean that the JJP does not believe what happened to you. It means that there was not enough evidence to grant the order.

If you are not granted a protection order but you still have safety concerns, please visit [hyperlink to safety planning page]

When does the protection order go into effect?

Protection orders are in effect as soon as they are granted, but cannot be enforced until the respondent has been given a copy of the order. Police or sheriffs will deliver the order to the respondent as soon as they are able to.

The order and its conditions will be stored in a computer registry that all police agencies in Manitoba can access. That way, if you call police for help, they will be able to access and enforce the order.

Can the respondent stop the protection order?

Once the Protection Order has been served, the respondent has 20 days, unless a judge allows a longer period, to apply to have the order cancelled.

If the respondent applies to have the order cancelled, you will be notified, and given the opportunity to explain to the court why the order should not be cancelled. The respondent will be able to see and listen to the evidence that you gave in your hearing. You may choose to hire a lawyer to help you with this process.

How long is the order in effect?

Protection Orders usually last for three years. However, the JJP can grant a longer order if they believe that you need protection for a longer time.

Can I extend my protection order?

Yes – if you have a protection order that is about to expire or is expired and you still need protection, you can apply to get a new one.

Does the order apply outside of Manitoba?

Some provinces have laws that recognize Protection Orders granted outside their borders. Manitoba is one of those provinces. You can find out more by speaking with a lawyer, or by contacting Manitoba Justice – Family Law (link)

Information and resources

For more information about Protection Orders (link to factsheet)

For more information about domestic violence and safety planning, call the 24 hour Domestic Violence Crisis Line at 1-877-977-0007 [hyperlink to safety planning page]

For more information about legal protection available through the courts and information about PODs, call Manitoba Justice – Victim Services at 1-866-484-2846

Stalking Pamphlet

DV safety planning factsheet

DV resources card

Domestic Abuse map

https://www.gov.mb.ca/stoptheviolence/


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