Respond to a Restraining Order Without Notice
How to respond to a Restraining Order Without Notice that you’ve been served with.
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 (PDF, 14 KB).
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 Queen'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 (PDF, 15 KB).
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.