In Manitoba, applying to the Court of King’s Bench to set aside a Protection Order generally costs between $2,000 and $5,000 CAD in lawyer fees. You have a strict 20-day limit to order the transcript and file your Notice of Application from the date you are served.
Being served with a Protection Order in Manitoba can be a terrifying experience. 🚨 It immediately restricts your freedom, may force you to leave your home, and can drastically affect your parenting time with your children. While these orders are vital for protecting individuals from domestic violence, respondents sometimes face claims they believe are inaccurate. If you reside in Winnipeg, Brandon, or Selkirk, knowing the legal and financial steps to defend yourself is critical. Generally, you must act quickly, and most people choose to hire a local law firm to navigate the complex procedures at the Court of King’s Bench.
Step-by-Step Process in Manitoba
Defending against a Protection Order requires strict adherence to legal timelines and court rules. 📄 You cannot simply ignore the order or try to call the applicant to sort it out.
Step 1: Read the Order and Obey It
The moment you are served by the police, the order is active. You must follow every condition perfectly, even if you disagree with it. Breaching the conditions is a criminal offence and will severely damage your case. Do not contact the applicant directly or through friends.
Step 2: Order Transcript and File a Notice of Application
To fight the order, you must file a Notice of Application to Set Aside/Vary/Revoke a Protection Order at the Court of King’s Bench. ⚔️ In Manitoba, you have a strict 20-day limit from the day you were served to do this. Critically, you are required to order an official transcript of the original protection hearing held before the Judicial Justice of the Peace (JJP). You must complete a Transcript Request form and submit it to the authorized transcribing service (Royal Reporting, A Veritext Company). A copy of this confirmed transcript order must be submitted to the court registry alongside your Notice of Application; otherwise, court staff will refuse to file your paperwork. A special rate of $0.80 CAD per page is charged to respondents for this transcript.
Step 3: Prepare and File Your Affidavit
Your lawyer will help you draft an Affidavit, which is your sworn written statement of facts. You will need to gather any relevant evidence, such as text messages, emails, or witness statements, that contradict the claims made against you. This Affidavit, your Notice of Application, and your Transcript Request receipt must all be filed with the court. This is also the time to address any related spousal support or financial matters if a separation is occurring.
Step 4: Attend the Court Hearing
Both parties will present their evidence before a judge. 👤 The judge will decide whether to cancel the order, keep it in place, or modify the conditions (for example, to allow for supervised parenting time).
How Much Does it Cost in Manitoba?
Hiring a lawyer to represent you in the Court of King’s Bench involves significant costs, though fees vary based on the complexity of your case.
- Lawyer Retainer: Most family law or criminal defence lawyers require an upfront retainer of $2,000 to $5,000 CAD.
- Hourly Rates: A lawyer typically charges between $250 and $500 CAD per hour in Manitoba.
- Court Filing Fees: Filing a Notice of Application to set aside or vary a Protection Order costs $50.00 CAD in the Family Division or $150.00 CAD in the Civil Division. Transcript fees are charged at a special statutory rate of $0.80 CAD per page.
- Legal Aid: If you have a low income, you might qualify for assistance through Legal Aid Manitoba, which can cover some or all of your legal expenses.
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Initial Lawyer Consultation | $100 – $350 (or free) |
| Law Firm Retainer | $2,000 – $5,000+ |
| Court Filing Fees | $50 (Family Division) or $150 (Civil Division) |
| Official Transcript Fee | $0.80 per page |
How Long Does the Process Take?
The timeline for challenging an order is fast-paced at the beginning. ⌛ You only have 20 days to file your Notice of Application and submit proof of transcript order. Once filed, getting a hearing date at the Court of King’s Bench can take several weeks to a few months, depending on the court’s current schedule in cities like Winnipeg or Dauphin. The order remains in full effect while you wait for the hearing.
Frequently Asked Questions (FAQ)
Can I contact my ex if they message me first?
No. Even if the protected person reaches out to you, replying to them is a breach of the order. You can be arrested. Only a judge can change the “no contact” condition.
Will this order give me a criminal record?
A Protection Order itself is a civil order and does not immediately give you a criminal record. However, breaching the order is treated seriously by police and can lead to criminal charges.
Can I represent myself in court?
Yes, you are legally allowed to represent yourself. However, the procedures at the Court of King’s Bench are highly formal, and making a mistake can be costly. Consulting a law firm is strongly recommended.
Leave a Reply