How to Get a Protective Order in Mississippi

A clear overview of Mississippi’s protective order process for domestic violence survivors.

Protective Orders in Manitoba

What Protective Orders Are in Manitoba

In Manitoba, “protective orders” are most often called protection orders or restraining orders. Both are court orders that can place limits on how another person contacts or approaches someone when there are safety concerns, including relationship harm or stalking.

These orders are meant to reduce immediate and ongoing risk. They can require the other person to stay away, stop contacting, or follow specific conditions set by the court.

Who May Qualify

Eligibility depends on the type of order and your situation. In general, Manitoba courts may consider an order when:

• There are safety concerns because of threats, harassment, stalking, or physical harm.
• There is or was an intimate, family, or close personal relationship.
• There is a pattern of controlling or frightening behaviour, or serious recent incidents.
• The person causing harm is likely to continue or escalate unsafe behaviour.

Courts may also look at factors like children’s safety, prior police calls, existing family law cases, and any history of ignoring past court orders.

Overview: From Filing to Hearing

The exact steps may vary by court location, but many Manitoba protection or restraining order processes follow this general path:

1. Filing an Application

• You complete court forms asking for a protection or restraining order and describe recent safety concerns in clear, factual terms.
• Forms are usually filed at a Manitoba court registry; in some situations, you may be able to apply with support from a lawyer, duty counsel, or a victim services worker.
• You may be asked to swear or affirm that the information in your documents is true.

2. Temporary or Emergency Order (If Available)

• In some situations, the court may consider a temporary or emergency order based on your written materials, and sometimes a short appearance.
• If the judge or judicial officer believes there is enough immediate risk, they may grant temporary protections that start before the other person is heard.
• This temporary order usually lasts only until a set court date, when both sides can attend.

3. Serving the Other Person

• Once an order or notice of hearing is made, the other person must usually be served (officially given the documents).
• Service is often done by police, a sheriff, a process server, or another adult who is not involved in the case.
• You are generally not expected to hand the documents to the other person yourself.

4. The Court Hearing

• A hearing is usually scheduled where you and the other person may attend, tell your sides, and provide any documents or witnesses the court allows.
• The judge decides whether to grant, change, or refuse the order, and what specific conditions to include.
• Sometimes, if the other person does not come to the hearing after being properly served, the court may still proceed.

Additional support options across Canada, including information and referrals that may be relevant to Manitoba, can be found through resources listed at DV.Support.

Protections Survivors May Ask For

The exact protections available depend on the type of order and the court. Examples of conditions someone might request include:

• No contact by any means (in person, phone, text, email, social media, or through others except as allowed by the court).
• No attending at your home, workplace, school, or other places you regularly go.
• Staying a set distance away from you, your home, or other locations important to your safety.
• Not following, watching, or monitoring you (including online or through others).
• Conditions related to contact about children, sometimes limited to safe, specific methods or supervised exchanges if the court allows contact.
• Other conditions that address your specific safety concerns, where the court has the authority to make those orders.

General Duration of Orders

How long a Manitoba protection or restraining order lasts depends on the type of order and what the court decides. In many cases:

• Temporary or emergency orders last only until the next court date or a set short period.
• Longer protection or restraining orders can last for a fixed period (for example, months or years) set out in the order.
• Some orders may be extended, changed, or ended earlier if someone applies back to the court and the judge agrees.

Recommended Articles

• Digital Safety and Technology Awareness
• Understanding Protective Orders in Ontario
• Protecting Your Privacy When Seeking Help Online
• Court Safety Tips When You Must See the Other Party
• Documenting Incidents Safely and Securely