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Part of Restraining and protection orders

Respond to a Restraining Order Without Notice

How to respond to a Restraining Order Without Notice that you’ve been served with.

Overview

We recommend that you talk to a lawyer before taking any steps.

A Restraining Order Without Notice is made up of 2 forms:

  • Restraining Order Without Notice form, which explains what you aren’t allowed to do and provides your court date; you can be arrested if you disobey this order
  • Application for a Restraining Order Without Notice form, which describes the evidence the applicant (ie, the person making the order) has given to the court

Determine your response

If you agree with what the applicant is asking for

You don’t have to fill out any forms. However, we recommend that you still go to court.

If you don’t agree with what the applicant is asking for

File an Affidavit in Response.

How to file an Affidavit in Response

Step 1. Fill out the form

Fill out the Affidavit in Response form.

Have your affidavit sworn by a commissioner for oaths.

Step 2. Copy your documents

Make 2 copies of the affidavit and all your evidence.

Step 3. File your forms

File the forms at the Court of King's Bench.

The clerk keeps the original and stamps your copies.

Step 4. Serve your affidavit

The applicant must receive one copy of the affidavit before your court date. The affidavit can be served to the applicant by bringing or sending the copy to the:

  • lawyer's address
  • applicant's address, if the applicant doesn’t have a lawyer

When you’re responding to a Restraining Order Without Notice, you cannot serve the affidavit to the applicant yourself. You’ll have to get someone else to bring or send a copy of the affidavit to the applicant or their lawyer.

The person who serves the affidavit must fill out an Affidavit of Personal Service form.

Step 5. File the affidavit with the court

File the Affidavit of Personal Service form.

Step 6. Go to court

Attend the court hearing that’s listed in your Notice of Hearing on the designated day, at the appropriated time. Bring both copies of your forms and documents.