How to Apply for a Protection Order in Winnipeg

A protection order is a legal order issued by the court to protect a person from harassment, threats, or violence. In Manitoba, protection orders are usually made under The Domestic Violence and Stalking Act. These orders are serious because they can restrict contact, limit communication, and even prevent someone from going to certain places.

Under the law, you can apply for a protection order if you believe someone is stalking you, harassing you, or committing domestic violence and is likely to continue. You must convince a Judge that the order is necessary to protect you.

Key points to know:

• No lawyer needed: You do not need a lawyer to apply, though legal help is highly recommended.
• Where to file: You can file at the Court of King’s Bench Registry (408 York Avenue).
• Protection order forms in Manitoba: Available online or at the court registry.
• Cost of filing the protection order in Winnipeg: There are fees associated with the filing of the document in court.

Once the order is granted, the respondent is served. The Respondent has 20 days within which to respond to the application by filing a notice of motion and affidavit with the Court of King’s Bench in Winnipeg if they want to challenge the protection order.

What a Protection Order Usually Means

A protection order often includes conditions such as:

• No contact with the applicant.
• Staying away from the applicant’s home, school, or workplace.
• Following restrictions set by the judge or police.

While these rules are stressful for the person named in the order, they are legally binding. Breaking a protection order in Manitoba is a crime and can result in immediate arrest, jail time, and other penalties.

How to Apply to Cancel (Set Aside) a Protection Order

If you are the Respondent and believe the order is unfair and unreasonable, you can apply to the King’s Bench Court to set it aside. 

Here are the key steps:

Get the right forms: Use the official protection order forms provided by the Manitoba Court of King’s Bench website or in person at the King’s Bench Registry at 408 York Avenue in Winnipeg.

Order the transcript: You must request a transcript of the hearing when you file your application. Proof of the transcript request must be filed with your documents.

Prepare an affidavit: Along with the application, you must file an affidavit. This is your written evidence explaining why you believe the protection order should be set aside. Your affidavit must include only facts you personally know, written in short and clear paragraphs.

File your application: Submit your application at the court registry and pay the required filing fees.

Serve the applicant: You cannot personally give the application to the other party, because the order prevents contact. The Sheriff’s Office, a process server, or another third party must serve the documents on your behalf. Proof of service must be filed with the court

Attend the hearing: Be ready to present your case to the judge.

How to Oppose a Request to Cancel (set aside) a Protection Order

If you are the applicant and want the order to remain in place:

1. Gather evidence: Save messages, documents, or witness details that show you still need protection.
2. File a responding affidavit: Respond to the respondent’s claims and explain why you still fear for your safety.
3. Attend the hearing: Tell the judge directly why the order is necessary.
4. Seek legal aid: A protection order lawyer in Winnipeg can help you prepare and represent you in court. If you cannot afford one, you may qualify for a free lawyer for a protection order in Winnipeg through Legal Aid Winnipeg for protection order services.

Why Timing and Legal Help Matter

If you have been served with a protection order, time is of the essence. You only have 20 days to respond, and missing this time frame required by law can harm your case.

Our firm has represented both applicants and respondents. We know that these orders can impact housing, family life, and even employment. Acting quickly and with legal support gives you the best chance of success.

At MA Adebisi Law Office, we help clients in Winnipeg with both sides of protection order applications. Whether you need to challenge a protection order or ensure it remains for your protection, we provide the guidance and representation you need. We help with the application, prepare affidavits, and advocate for you in court to ensure your voice is heard.