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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 |
| (1.1) | Additional provisions restricting respondent | |
| (1.2) | Order of judge or master re respondent's conduct | |
| (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 | |