How to Get a Protection Order in Manitoba
A clear explanation of Manitoba Protection Orders and Prevention Orders.
Understanding Protection and Prevention Orders
Protection Orders: The Basics
In Canada, provinces and territories use different names and processes for court orders that are meant to increase safety in situations of relationship harm or family violence. One common type is a Protection Order (PO).
A Protection Order is a court order that can place clear rules on another person’s behaviour toward you, your children, or other family members. It focuses mainly on safety and contact, not on property division or long-term parenting decisions.
Names vary by region. Similar orders may be called “emergency protection orders,” “restraining orders,” “no-contact orders,” or “family violence protection orders.” Local rules and availability are different in each province and territory.
Prevention Orders: Plain-Language Distinction
People sometimes use “prevention order” in a general way to describe any court order that is meant to prevent harm or contact before something worse happens. In some regions, there may be orders with “prevention” in the name, or peace bonds through the criminal court, that serve a similar purpose.
In plain language:
- Protection Orders usually come from family or civil courts and focus on safety in family or relationship situations, including contact rules and sometimes temporary living arrangements.
- Preventive-type orders (including peace bonds or similar measures) are often used when there is a concern that harm may occur, even if there has not yet been a criminal conviction.
The exact terms “protection order” and “prevention order” are not used the same way across Canada. Local legal clinics or victim services can explain what specific options exist where you live.
Who May Qualify for a Protection-Type Order
Eligibility depends on your province or territory and which type of order you apply for. In many places, people may be able to ask for a protection-type order if:
- They have experienced threats, harassment, stalking, or other abusive behaviour from a partner, ex-partner, family member, or someone they live with.
- They are afraid that the person may harm them or their children.
- There have been past incidents of physical, emotional, sexual, or financial abuse, or patterns of controlling behaviour.
- Police have been called to the home, or criminal charges are being considered or are already before the court.
In some areas, protection-type orders are limited to family or household relationships; in others, they can also be used for non-family situations such as neighbours or acquaintances.
A legal clinic, duty counsel at court, or victim services program in your area can help you understand whether you may qualify for a specific type of order. They generally provide information, not representation.
How the Hearing Process Often Works
The steps for getting a protection-type order vary by region, but often include:
- Starting an application: Filling out court forms that explain what has been happening and what protections you are asking for. In some regions, you may be able to apply by phone or through a justice of the peace in urgent situations.
- Emergency or without-notice orders: In some cases, a judge can make a short-term order without first notifying the other person, if there is an immediate safety concern. The order may last only until a full hearing is held.
- Serving the other person: Usually, the other person must receive a copy of the application or order. Service is typically done by a professional (such as a sheriff or process server), not by you personally.
- Full hearing: At a later date, both sides may have a chance to provide information to the court. This might include brief testimony, documents, or other evidence. The judge then decides whether to continue, change, or cancel the order.
- Length and renewal: Many orders are time-limited (for example, months or years). There may be a process to change, end, or renew them, depending on your situation and local rules.
Court processes can feel formal and stressful. It may help to arrive early, ask court staff where your courtroom is, and, if possible, connect with duty counsel or a court worker for basic information on what to expect.
What Protections May Be Included
Protection-type orders can include a range of conditions. The exact options depend on your local law and the judge’s decision. Some common examples include:
- No contact: The other person may be ordered not to contact you in any way, including in person, by phone, text, email, or through social media.
- Stay-away conditions: The order may set a distance the person must keep from you, your home, your workplace, your school, or other key locations.
- Communication rules: If contact is allowed for specific reasons (such as parenting), the order may limit how this can happen (for example, only by text or through a third party).
- Temporary residence directions: In some places, a judge can direct who can stay in the home for a period of time, even if both names are on a lease or title.
- Firearms and weapons restrictions: The order may require the other person to give up firearms or other specified weapons for the length of the order.
- Child-related safety conditions: The order may set out how and when the person can see or contact children, if at all, with a focus on safety.
Breach of a protection-type order can have serious legal consequences for the person who violates it. However, an order cannot guarantee safety, and it may not stop all unwanted behaviour.
When thinking about a protection or prevention order, it can be helpful to consider how the other person might react and whether there are additional safety steps that feel right for you, such as adjusting routines or reviewing your digital privacy.
Getting More Information and Support
Information-only services such as legal clinics, victim services, and newcomer-serving organizations can often explain what types of orders exist in your province or territory and how to apply. They cannot promise outcomes but can help you understand options.
Additional support options across Canada, including helplines and local organizations, can be found through the resources listed at DV.Support.