A judicial justice of the peace who denied a woman a protection order against her estranged husband did so despite agreeing the woman was at risk and that the violence would continue — leading family violence experts to urge Manitoba's minister of justice to intervene in the case, the CBC has learned.

"It's very disturbing," said Jane Ursel, director of RESOLVE — a tri-provincial research network on interpersonal violence through the universities of Manitoba, Regina and Calgary.

"The minister of justice and the minister of status of women need to know about this," Ursel said.

The case first came to light early October, after the CBC reported that a Manitoba woman was denied a protection order in September because the judicial justice of the peace did not consider it an emergency, even though the estranged husband was threatening the woman and had access to weapons.

Since then, the CBC has learned the justice of the peace believed the woman was a victim of domestic violence and that the violence would continue.

In a court audio recording of the proceeding, the justice said, in part, "I am satisfied that based on the pattern of behaviours, that there is evidence to support continued likelihood of the domestic violence."

The justice referred to "the nature of that domestic violence … the repetitiveness of the violence, the pattern of coercive and controlling behaviour, the incidents of violence alleged against animals, mental health concerns … and that, and I quote, 'you know he has access to guns.'"

The justice even advised the woman to continue a safety plan.

"Certainly you've taken steps throughout the years with respect to safety planning for yourself and your family, and I'd urge you to continue to do that," she said.

'How high is her bar?'

But she denied the protection order request because protection orders are "not to be granted to alleviate an unhappy situation or improve a less-than-ideal family situation. It's to be used to provide protection in a real emergency."

She went on to say, "I'm not persuaded that there is a seriousness or urgency in the circumstances that would be requiring that an order be made without delay, based on the evidence before me."

Ursel questioned why the women's evidence wasn't enough, especially considering the justice was "satisfied" with the evidence.

"How high is her bar?" Ursel said. "This case is serious and it is urgent."

Kim Storeshaw agrees. She is a family violence specialist with NorWest Community Health Centre. She, too, said the province needs to review this case and others involving allegations of family violence.

"In my opinion [the evidence] should have been enough," Storeshaw said in an interview with CBC earlier in October. "Justices of the peace do their best, but interpreting legislation depends upon who the justice of the peace is."

The CBC requested an interview with Minister of Justice Heather Stefanson, but that request was denied.

In a written statement, a spokesperson for Manitoba Justice said that "The applicant can apply again. Recourse is to reapply, or look for a peace bond or a restraining order. The minister cannot intervene in individual judicial decisions made by independent judicial officers."