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How to file a restraining order against someone who has made you fear for your safety.
If you are in immediate danger, call 911
You can apply for a Restraining Order against any person who has made you afraid for your safety through actions such as:
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:
Fill out the correct form based on your situation:
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.
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 Queen’s bench can serve as a Commissioner for Oaths.
Make 2 copies of your application (with attachments) and file your application at the Court of Queen’s Bench. They will stamp and keep the original copy of the form and return your copies to you.
The Court of Queen’s Bench will give you a court date. Bring a copy of your Application for a Restraining Order with you to court.
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.
The person who served the documents must swear an Affidavit of Service before a Commissioner for Oaths. The Affidavit of Service (PDF, 57 KB) 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:
You must file the original Affidavit of Service at the clerk’s office.
To register your Ex Parte Restraining Order with the police take the following to your local police or R.C.M.P.:
The Statement of Description is available in the Applying for a Family Restraining Order (Without Notice) booklet (PDF, 141 KB).
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.
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.
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