There are three options, which you can discuss with your lawyer or duty counsel:
- let your partner know by serving them with an application at least seven days before the hearing date and get the order in the usual amount of time,
- let your partner know but get the order quickly with a shorter notice period, or
- don’t let your partner know (however, the court must be satisfied with your evidence that the matter is urgent).
With the first option, your partner will know you’re applying and may respond to your application any time before the date of the hearing.
The second option lets you get the order more quickly, when your or your children’s safety must be dealt with right away. When you ask for a “short-leave/urgent” application, you’ll be in court either on the same day or in the next few days, depending on court availability. Your partner will know you’re going to court and will have only a short time to respond.
With either of these options, it’s your responsibility to have the application “served on” (delivered to) your partner to tell them about the hearing. You don’t have to personally tell your partner; you let them know by sending them the documents. You can also have another adult who is not a party and who is at least 19 years old hand your partner a copy of the documents. You can hire someone to do this, or you can ask a friend or family member. The person serving the documents must complete a Certificate of Service Form 7 to prove service. You must attach a copy of the documents to the Certificate of Service. Remember to make a copy before the documents are served.
With the third option, your partner doesn’t have to know you’re going to court if letting them know would increase the risk to your safety. This is called a “without notice” or “ex-parte” application. This is an exception to the usual rule that both parties must have a chance to be heard by a judge before an order is made affecting them. You have to explain to the court why the matter is urgent and why letting your partner know in advance would be dangerous. The judge will expect you to tell the whole story.
If the judge makes the court order, your partner will be given a copy of the order, unless it was made without notice. In this case, the order has to be served on your partner. However, the police can enforce it even before it’s served.
If your partner is in BC, and you can give the court registry an address where they can be served, the registry will serve the protection order for you. However, if the judge orders you to arrange for service, see the step-by-step guides for serving documents on the Justice Education Society’s Family Law in BC website. (If you don’t know where to find your partner, talk to your lawyer or the registry about your options.)
Once your partner has the order, they can go to court and ask for the order to be cancelled or changed. This will only happen if they can show that there is not a risk of violence.