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 |