There are three options, which you can discuss with your lawyer or duty counsel:
- Let your partner know, and get the order in the usual amount of time.
- Let your partner know, but get the order quickly.
- Don’t let your partner know.
Consider the following before selecting one of the three options:
Option 1: Your partner will know you’re applying and may respond to your application any time before the date of the hearing.
Option 2: This option lets you get the order more quickly, when your safety or your children’s safety must be dealt with right away. When you ask for a “short-leave or 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 two options, it’s your responsibility to have the application served on 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 or by having another adult hand your partner a copy of the documents. You can hire someone to do this, or you can ask a friend or family member.
Option 3: 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” 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 order, your partner will be given a copy of the court order.
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 these step-by-step guides for serving documents. (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 that the order be cancelled or changed. This will only happen if they can show that there isn’t a risk of violence.