Who may appeal a decision on an emergency protective measure or provisional measure, on what grounds, and within what period?
General information · Not legal advice
Material to check
In a practice file we read the decision on the protective or provisional measure, the notice showing the day it was communicated, and any paper identifying who is acting as the stalker's legal representative, since the appeal period runs from that notification and the provision itself names who may appeal.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the listed actors at face value: the prosecutor, the stalker, or the stalker's legal representative may appeal a decision on an emergency protective measure or a provisional measure, and the appeal must be lodged within the period the provision sets, counted from the day the decision was notified, on either ground the provision names: a statutory violation that influenced the decision or a serious misapprehension of fact, or the decision being manifestly unfair.
Another reading stresses that standing is tied to a particular decision and its notification: only a person who received notice of a decision on an emergency or provisional measure can start the period, and the provision says nothing about anyone else affected by the measure appealing, or about what the appeal decides once lodged.
Your judgment
If the stalker never received notice of the decision, how would the file show that the appeal period ever began?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may appeal or the grounds, or if a court decision explains how the period runs when the decision was never notified.