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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 |