In Manitoba, an emergency Protection Order can be granted within 24 hours, and sometimes in just a few hours. A Judicial Justice of the Peace (JJP) reviews urgent applications around the clock to ensure victims of domestic violence receive immediate legal protection.
When you are facing immediate danger from domestic violence or stalking, waiting weeks for a scheduled court date is simply not a safe option. ⌛ Recognizing this urgency, Manitoba law provides a specialized pathway under the Domestic Violence and Stalking Act to obtain an emergency Protection Order. This legal tool allows victims in Winnipeg, Brandon, Churchill, and throughout the province to seek immediate safety. The system is intentionally designed to be fast, highly accessible, and protective of your immediate physical security and parenting time with your children. Most importantly, you can apply without the abuser ever knowing beforehand.
Step-by-Step Process for Emergency Orders in Manitoba
The emergency process bypasses standard, slower court procedures. 🚨 Instead of waiting for a formal judge at the Court of King’s Bench, your application is reviewed quickly by a Judicial Justice of the Peace (JJP).
Step 1: Go to a Local Courthouse or Designated Assisting Agency
In Manitoba, any individual over 18 can apply for an emergency Protection Order independently. You can walk into any local courthouse during regular business hours, where court staff will assist you with the forms and organize a same-day hearing with a JJP. Alternatively, if you cannot attend court in person, you can apply remotely with help from a designated assisting agency, such as a police station, RCMP detachment, women’s shelter, or Victim Services. A trained worker or lawyer will help submit the paperwork by phone or fax.
Step 2: Complete the Application
The agency worker will help you fill out the required paperwork. 📝 You will need to provide specific details about the abuse, threats, and why you believe the danger is urgent. This includes providing evidence of stalking, physical violence, or severe harassment.
Step 3: Speak to the Judicial Justice of the Peace
Once the paperwork is ready, the agency will immediately submit it to a JJP. In many cases, you will speak to the JJP over the telephone or via video link to swear that your statements are true. The JJP is available 24 hours a day, 7 days a week.
Step 4: Service by the Police
If the JJP grants the order, it takes effect immediately. 👮♀️ Local police or RCMP are responsible for finding the abuser (the respondent) and serving them with a copy of the order. The respondent must immediately surrender any firearms and obey all “no contact” rules.
How Much Does it Cost in Manitoba?
Protecting your life and your family from violence should never come with a price tag.
- Application Fees: $0 CAD. Getting an emergency Protection Order is entirely free.
- Agency Assistance: $0 CAD. Shelters, Victim Services, and the police do not charge for their help.
- Law Firm Support: While you can hire a private law firm for related family matters like divorce or spousal support, you do not need to pay a lawyer just to get an emergency order.
| Service Provider | Cost to Applicant (CAD) |
|---|---|
| Police / RCMP | Free ($0) |
| Victim Services Manitoba | Free ($0) |
| Judicial Justice of the Peace | Free ($0) |
How Long Does the Process Take?
The entire point of an emergency Protection Order is speed. 🚀 From the moment you sit down with an assisting agency, the order can often be granted by the JJP within a few hours, and almost always within 24 hours. Once granted, a Manitoba Protection Order typically remains valid for up to 3 years, unless a judge at the Court of King’s Bench revokes or changes it.
Frequently Asked Questions (FAQ)
Do I have to face my abuser in court to get this order?
No. Emergency orders are granted “ex parte,” meaning the abuser is not present and is not notified beforehand. They only find out after the JJP has granted the order and the police serve them.
What happens if the abuser tries to cancel the order?
The respondent has the right to apply to the Court of King’s Bench to set aside (cancel) the order within 20 days of being served. If they do, a formal court hearing will be scheduled where both sides can present evidence.
What if they contact me anyway?
If the respondent disobeys the order, they are committing a provincial summary conviction offence. You should call 911 immediately. They can be arrested and prosecuted under The Domestic Violence and Stalking Act, facing a fine of up to $5,000 and/or imprisonment for up to 2 years upon summary conviction.
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