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