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S.M. 1998, c. 41: Table of Contents

S.M. 1998, c. 41

THE DOMESTIC VIOLENCE AND STALKING PREVENTION, PROTECTION AND COMPENSATION AND CONSEQUENTIAL AMENDMENTS ACT


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DEFINITIONS AND INTERPRETATION
1 Definitions
2(1) Meaning of "domestic violence"
(2) Meaning of "stalking"
(3) Examples of conduct
(4) Certain persons deemed to have fear
PROTECTION ORDERS BY DESIGNATED JUSTICES OF THE PEACE
3 Designation of J.P.s and magistrates
4(1) Application for protection order
(2) How an application may be submitted
(3) Evidence to be given under oath
5(1) Telecommunication of sworn documents used in evidence
(2) Evidence received by telephone
(3) J.P. not to wait for transmission
(4) Effect of order based on telecommunication
6(1) Granting of protection order without notice
(2) Certain persons deemed to have belief
7(1) Content of protection order
(2) Dealing with items delivered up or seized
8 J.P. to arrange for written copy of order
9 Service of protection order
10(1) J.P. to forward documents to Q.B.
(2) Enforcement of protection order filed in Q.B.
11(1) Application to set aside order
(2) Application does not stay order
12(1) Nature of hearing
(2) Onus on respondent
(3) Use of evidence from application for order
(4) Adjournment to allow subject to obtain advice
13(1) Ban on identification of party or witness
(2) Offence and penalty
(3) Corporate officers and directors
PREVENTION ORDERS BY COURT OF QUEEN'S BENCH
14(1) Content of prevention order
(2) Order re sole occupancy of residence
(3) Dealing with items delivered up or seized
15(1) Suspension under The Highway Traffic Act
(2) Impoundment of licence or permit by court
(3) Where respondent does not have notice
(4) Court to send certificate to registrar
(5) Notice of order terminating provision
16(1) Interim prevention order, with notice
(2) Order may be made without notice
GENERAL PROVISIONS
17 Respondent bound when given notice
18 Effect of orders on property interests
19(1) Court may vary or revoke order
(2) Adjournment to allow subject to obtain advice
20 Certain information to be kept confidential
21(1) Court may ban publication of certain information
(2) Offence and penalty
(3) Corporate officers and directors
22 Subject to advise court of any order or agreement
23(1) Peace officer may assist in identification
(2) Immunity
24(1) Other right of action not affected
(2) No double compensation
25(1) Appeal of Q.B. order to Court of Appeal
(2) Effect of appeal
TORT OF STALKING
26(1) Liability of stalker
(2) Action without proof of damages
REGULATIONS
27 Regulations
CONSEQUENTIAL AMENDMENTS
The Court of Queen's Bench Act
28 C.C.S.M. c. C280 amended
The Family Maintenance Act
29(1) C.C.S.M. c. F20 amended
(2)
(3)
10.1(1) Transitional re clauses 10(1)(c) and (d) and Division 2 of Part V
(2) Effect of order under Domestic Violence Act on order made under clause 10(1)(d)
(4)
(5)
(6)
(7)
(8)
The Highway Traffic Act
30(1) C.C.S.M. c. H60 amended
(2)
(3) Suspension of licence or permit not surrendered
(3)
(4)
273.4 Suspension under Domestic Violence Act
273.5 Action where person does not have notice
(5)
The Marital Property Act
31(1) C.C.S.M. c. M45 amended
(2)
(3)
(4)
(5)
C.C.S.M. REFERENCE AND COMING INTO FORCE
32 C.C.S.M. reference
33 Coming into force