C.C.S.M. c. D93
The Domestic Violence and Stalking Act
| Back to the Act | Bilingual (PDF) |
Table of Contents
| DEFINITIONS AND INTERPRETATION | ||
| 1 | Definitions | |
| (2) | Reference to "Act" includes regulations | |
| 2 | 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 |
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| 3 | Authority | |
| (2) | Standard of proof | |
| 4 | Application for protection order | |
| (2) | How an application may be submitted | |
| (2.1) | Conduct of hearing | |
| (3) | Evidence to be given under oath | |
| (4) | Submissions | |
| (5) | Support person | |
| 5 | 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 | Granting a protection order without notice | |
| (2) | Certain persons deemed to have belief | |
| 6.1 | Considerations | |
| (2) | Consideration of legal proceedings | |
| (3) | No bar to granting protection order | |
| 6.2 | Reasons | |
| 6.3 | Notice to chief firearms officer | |
| 7 | 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 | |
| 7.1 | Surrender of firearms | |
| (2) | Dealing with items delivered up or seized | |
| 8 | J.P. to arrange for written copy of order | |
| 8.1 | Protection order expires in 3 years | |
| (2) | Exception | |
| (3) | Expiry date in order | |
| 8.2 | New application after protection order expires | |
| (2) | Compliance with protection order | |
| 9 | Service of protection order | |
| 10 | J.P. to forward documents to K.B. | |
| (2) | Enforcement of protection order filed in K.B. | |
| 11 | Application to set aside order | |
| (2) | Application does not stay order | |
| 12 | Nature of hearing | |
| (2) | Onus on respondent | |
| (3) | Use of evidence from application for order | |
| (4) | Adjournment to allow subject to obtain advice | |
| 13 | Ban on identification of party or witness | |
| (2) | Offence and penalty | |
| (3) | Corporate officers and directors | |
| PREVENTION ORDERS BY COURT OF KING'S BENCH |
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| 14 | Content of prevention order | |
| (2) | Order re sole occupancy of residence | |
| (3) | Dealing with items delivered up or seized | |
| 15 | 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 | 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 | Court may vary or revoke order | |
| (2) | Adjournment to allow subject to obtain advice | |
| 20 | Certain information to be kept confidential | |
| 21 | 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 | Peace officer may assist in identification | |
| (2) | Immunity | |
| 24 | Other right of action not affected | |
| (2) | No double compensation | |
| 25 | Appeal of K.B. order to Court of Appeal | |
| (2) | Effect of appeal | |
| TORT OF STALKING | ||
| 26 | Liability of stalker | |
| (2) | Action without proof of damages | |
| REGULATIONS | ||
| 27 | Regulations | |
| 28 to 31 | [amendments to other Acts] | |
| C.C.S.M. REFERENCE AND COMING INTO FORCE |
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| 32 | C.C.S.M. reference | |
| 33 | Coming into force | |
| Back to the Act | Bilingual (PDF) |