If you are served with a Protection Order in Manitoba, you have exactly 20 days from the date you receive it to file an Application to Set Aside. You must file this document at the Court of King’s Bench, and acting quickly is crucial because missing this strict deadline makes the order permanent.
Being served with a Protection Order can be incredibly overwhelming and severely impact your daily life. While these orders are designed to protect vulnerable individuals from domestic violence or stalking, they are often granted “ex parte.” This means a Judicial Justice of the Peace granted the order without you being present to tell your side of the story. You have the legal right to challenge it, but the window of opportunity is extremely short.
Whether you reside in Winnipeg, Brandon, or Thompson, the rules under Manitoba’s The Domestic Violence and Stalking Act remain strictly the same .
Step-by-Step Process in Manitoba
Challenging a Protection Order is a serious legal procedure that requires presenting formal evidence to a judge. It is highly recommended to consult a local Law Firm rather than navigating this alone. Here is the general process you must follow to set aside the order.
Step 1: Read the Order and Observe the Strict Deadline
The moment you are handed the Protection Order, check the date of service 📅. In Manitoba, you only have 20 days to file your Application to Set Aside. If you fail to file within this timeframe, the order automatically becomes permanent, typically lasting for three full years. During this time, it will show up on background checks and restrict your movements.
Step 2: Comply with the Order Immediately
Even if you believe the allegations are entirely false, you must obey every single condition listed on the document immediately . Do not text, email, or ask a friend to pass a message to the applicant. Breaching any condition of a Protection Order is treated seriously by the police and can result in charges ranging from a summary conviction to an indictable offence, leading to potential jail time.
Step 3: Order the Official Hearing Transcript
An absolute prerequisite for filing a set-aside application in Manitoba is obtaining a transcript of the original protection hearing held before the Judicial Justice of the Peace (JJP) 🎧. You must submit a formal Transcript Request to Veritext (the official court transcription service provider in Manitoba). When you later file your application at the court, you are legally required to provide a verified copy of this request form signed by Veritext as proof that it has been ordered-otherwise, the court registry will refuse to file your documents. Under The Law Fees and Probate Charge Regulation, a special reduced rate of $0.80 CAD per page applies to transcripts for protection order set-aside applications.
Step 4: Draft the Application and Affidavit
To challenge the order, you cannot just show up and argue with the judge. Your Lawyer will help you draft an Application to Set Aside, along with a sworn Affidavit. This Affidavit is your written statement under oath. It must directly address the allegations made by the applicant and present your version of events calmly and factually, avoiding any aggressive language.
Step 5: File at the Court of King’s Bench
Once your documents are properly sworn and commissioned, they must be filed at the nearest registry of the Court of King’s Bench 🏨. A court clerk will stamp your documents and assign a hearing date. After filing, these documents must be formally served on the applicant, usually by a professional process server, to ensure there is no direct contact between you two.
Step 6: Attend the Set Aside Hearing
The hearing is essentially a fresh look at the case, known as a “hearing de novo.” Both you and the applicant will have the opportunity to present evidence, and your Law Firm may cross-examine the applicant. The judge will listen to both sides and determine if the original Protection Order should be maintained, modified, or completely cancelled (set aside).
How Much Does it Cost in Manitoba?
Defending yourself against a Protection Order involves some costs, though the court tries to keep the process accessible. Here is what you should expect to budget:
- Court Filing Fees: Under the Court Services Fees Regulation (M.R. 150/2021), the filing fee for a Notice of Application to Set Aside a Protection Order is $50.00 CAD if filed in the Family Division, or $150.00 CAD if filed in the Civil Division.
- Transcript Cost: While the court covers the original JJP recording transcription, you must pay a special copy rate of $0.80 CAD per page for your required copy under The Law Fees and Probate Charge Regulation.
- Lawyer Fees: Hiring a professional Lawyer to draft your affidavit and represent you at the hearing typically costs between $2,000 CAD and $5,000 CAD, depending on how complex the evidence is.
- Process Server: Hiring a neutral third party to legally serve the applicant with your filed documents usually costs between $75 CAD and $150 CAD.
| Feature | Doing it Yourself (Self-Represented) | Hiring a Law Firm |
|---|---|---|
| Average Cost | $125 – $300 CAD (filing & transcript copy fees) | $2,000 – $5,000 CAD (including court fees) |
| Risk of Missing Deadline | High risk | Very low risk |
| Cross-Examination Quality | Often emotional and restricted by court rules | Professional and objective |
How Long Does the Process Take?
The initial and most critical timeline is the strict 20-day window to file your Application to Set Aside . Once your application is filed at the court, it does not mean the hearing happens immediately. The Protection Order remains fully in effect while you wait.
Depending on the backlog at your local Court of King’s Bench, it usually takes between 1 to 3 months to secure a full hearing date. If the case requires multiple witnesses or complex evidence regarding parenting time or domestic disputes, the final decision may be delayed even further.
Frequently Asked Questions (FAQ)
Can I contact the applicant to negotiate dropping the order?
Absolutely not. Any contact, even if the applicant reaches out to you first, is a criminal breach of the order. You must only communicate through your respective lawyers.
Will a Protection Order give me a criminal record?
The Protection Order itself is a civil court order, so simply having it issued does not give you a criminal record. However, if you are caught breaching the order, the resulting criminal charges will create a permanent criminal record.
What happens if I missed the 20-day deadline?
If you miss the 20-day deadline, the order becomes final. To challenge it after this period, you must apply to the court for a special extension of time, which is very difficult to get and requires proving you had a valid, exceptional reason for the delay.
Does this affect my decision-making responsibility for my children?
Yes, significantly. A Protection Order often includes conditions preventing you from contacting your ex-partner, which complicates exchanges. It will also be heavily considered by a family court judge when determining long-term parenting time.
Can the applicant drop the order whenever they want?
No. Once a judge issues the Protection Order, it belongs to the court. The applicant cannot simply “drop it” by changing their mind. They would have to formally apply to the court to have it revoked.
Leave a Reply