Get a Restraining Order Without Notice

Overview

You can apply for a Restraining Order against any person who has made you afraid for your safety through actions such as:

• personal injury, property damage, or intimidation
• failure to provide food, shelter, or medical attention
• threats that cause reasonable fear of injury or property damage
• forced confinement – for example: being locked in a room with no way out
• forced sexual contact
• stalking or harassment – for example: non-stop phone calls, emails, or text messages

If you have been assaulted or you are in a family violence situation contact your local police or RCMP detachment. You may qualify for an Emergency Protection Order.

A court application made without notice to the other party is called an ex parte application. You can make an ex parte application if the situation is an emergency and your safety or your children’s safety is at risk.

There are 2 parties involved when filing a Restraining Order:

Applicant

The person who files the application

Respondent

The person who responds to the application

How to file a Restraining Order (Without Notice)

Step 1. Fill out the forms

Fill out the correct form based on your situation:

• if your situation involves family members, a relationship where you lived together or a Family Law situation, fill out the Application for a Restraining Order Without Notice in a Family Law Situation
• if you are in a situation that does not involve family law, such as neighbours or coworkers, fill out the Restraining Order Without Notice

You don’t have to use your own address and phone number if you think it will put you in danger. You can use a friend’s address or a work address, but you should let the other person know if you’re using their address.

Step 2. Declare your application before a Commissioner for Oaths

You must file the original Application for a Restraining Order Without Notice before a Commissioner for Oaths before the court date and bring a copy of the application with you to court.  A court clerk at the Court of King’s bench can serve as a Commissioner for Oaths.

Step 3. File your application

Make 2 copies of your application (with attachments) and file your application at the Court of King’s Bench. They will stamp and keep the original copy of the form and return your copies to you.

Step 4. Attend court

The Court of King’s Bench will give you a court date. Bring a copy of your Application for a Restraining Order with you to court.

Step 5. Serve the respondent

Serve your court materials to the respondent.

Do not serve the Restraining Order yourself. Get a friend, family member or a Process Server hand deliver the documents for you.

Affidavit of Service

The person who served the documents must swear an Affidavit of Service before a Commissioner for Oaths. The Affidavit of Service is a court form that proves to the judge that the respondent was properly notified of your application.

The Affidavit of Service must be completed and sworn by the person who served the documents.

The Affidavit of Service will say:

• who delivered the documents
• the date the documents were delivered
• the address of where the respondent was served

You must file the original Affidavit of Service at the clerk’s office.

Step 6. Deliver the order to the police

To register your Ex Parte Restraining Order with the police take the following to your local police or R.C.M.P.:

• a copy of the Order
• a filed copy of the Affidavit of Service
• the Statement of Description

The Statement of Description is available in the Applying for a Family Restraining Order (Without Notice) booklet.

Keep a copy of the Affidavit of Service and a certified copy of your Protection Order in your possession at all times while the Order is in effect. The police may want to see it if the Order is breached.

Step 7. Attend the review date

The Ex Parte Restraining Order is in place only until the review date, usually within 2 weeks, to allow the respondent an opportunity to respond to the application. The date for the review is stated in your Ex Parte Restraining Order.

You must go to court for the review.

At the review date, the judge will hear arguments from both of you about whether or not the Restraining Order should be renewed. If it is renewed, an Order will be typed up for you.

If the respondent was not in court, or if they did not stay to receive their copy of the Restraining Order, you must arrange to have them personally served with the new Restraining Order.

At the review date, the judge can grant a Restraining Order for a longer period.

If the respondent wants to object to the Restraining Order, they will have to file an Affidavit.

You can reply to the respondent’s Affidavit.