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The Domestic Violence and Stalking Act

C.C.S.M. c. D93

The Domestic Violence and Stalking Act

DEFINITIONS AND INTERPRETATION
1 Definitions
2(1) Who commits "domestic violence"
(1.1) 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 Authority
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 a 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
8.1(1) Protection order expires in 3 years
(2) Exception
(3) Expiry date in order
8.2(1) New application after protection order expires
(2) Compliance with protection 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) Driver's licence suspension
(2) Impoundment of driver's licence 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
(1.1) Publication ban re children
(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
28 to 31
C.C.S.M. REFERENCE AND COMING INTO FORCE
32 C.C.S.M. reference
33 Coming into force