It provides persons subjected to stalking and domestic violence with the ability to seek a wide range of civil remedies to address their individual needs. Persons will also be able to apply for orders of protection on behalf a minor or mentally incompetent individual who is being stalked or subjected to domestic violence.
Applicants have to provide evidence under oath about the stalking or domestic violence.
A Justice of the Peace who finds that stalking or domestic violence has occurred, and that the person seeking relief reasonably believes it will continue, may grant a Protection Order. While applications for Protection Orders may be made in person, procedures are also be in place to enable applications by telephone with the assistance of a peace officer or a lawyer. In this way, persons needing immediate relief are able to request an order 24 hours a day. Although Protection Orders will be made without notice, respondents can apply within 20 days of service of the order to have the order set aside by the Court of Queen's Bench and will be given the opportunity to present evidence. The second type of order created under the Act is a Court of Queen's Bench Prevention Order.