Protection and Prevention Orders

Protection and Prevention Orders are granted under The Domestic Violence and Stalking Prevention Act.

Protection Orders can be obtained from most provincial courthouses, and even through an application by telephone if necessary. 

A concerned spouse can attend at a local courthouse and give private and recorded testimony as to why they feel they are being stalked or are fearful of violence by their spouse/partner, and that the matter is urgent. The Judicial Justice of the Peace can issue a Protection Order then and there. It will take effect immediately and the other spouse/partner is not given notice until after the fact. 

Typically, the Order will say that the spouse/partner cannot attend at the applicant`s home or place of work, and cannot contact or communicate with the applicant.

The Order can also include the couple’s children as well, and can specify that any weapons be seized.

Unless it is set aside by a Judge at some point, the Protection Order stays in effect for three years.
The spouse/partner who is subject of the Protection Order can file an application in court asking that it  be set aside. They have to tell their story to the Judge and show that the Protection Order should not have been granted and is not necessary. 

Setting aside this kind of Order is usually not an easy thing to do. There is a very short deadline as to how quickly the application has to be made, and usually a lawyer is necessary to prepare the paperwork and appear in court. The legal fees also make the setting aside of these Orders very expensive. It can take months to get a hearing date with a Judge, and the Order stays in effect that entire time.

The second type of order is a Prevention Order. In circumstances that are less urgent, a person can file an application for a Prevention Order in court the same way they would file for a child support or custody order. This is usually done with the help of a lawyer, and can be part of a Petition for Divorce as well. The application is served on the other spouse/partner, and that person can file a response before the Judge decides whether to grant the Prevention Order.

Both types of orders are very powerful in that immediately they are registered on CPIC, which is the police computer system. 

There are substantial penalties for breach of these orders, including fines, jail and the seizing of vehicles. 

It is important for both spouses to understand that even if the applicant spouse invites the former partner to the home or initiates contact, the former partner will still be in breach of the court order by responding. These orders must not be taken lightly by either partner.

Sometimes the applicant later wants the Protection or Prevention Order set aside. If so, he or she must present evidence to the Judge about why the order is no longer needed. Only a Judge has the authority to set the order aside.