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Part 3 · Standard Proceedings

53. Application for protection order

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Amended

Last amended by an amending law of 2022.

(1)

An application for a protection order must be made by filing an originating application in Form 1 and supported by an affidavit in Form 2.

(2)

The applicant for a protection order must serve a copy of the documents mentioned in paragraph (1) on —

(a)

each intended relevant party within 14 days after the date of filing the originating application, unless the court directs otherwise; and (b)any other person on whom the documents are directed to be served under rule 68(1), within the time required by rule 68(2).

(3)

The applicant must file a memorandum of service in Form 21 within 8 days after the date of service in accordance with paragraph (2).

(4)

An applicant for a protection order who wishes to apply for an expedited protection order must so indicate in the originating application relating to the application for the protection order.

(5)

Where an affidavit has been filed in support of an application for a protection order, no further affidavit is to be filed or served in support of that application (including any expedited protection order indicated in the application), except with the permission of the court.

(6)

A person who is served the documents under paragraph (2) may file an affidavit in reply in Form 3 within 14 days after being served the documents, and no further affidavit is to be filed or served in support of the reply except with the permission of the court.

(7)

The court may grant an expedited protection order despite the failure to serve the documents under paragraph (2).

(8)

Order 15, Rule 7(6)(c) of the Rules of Court does not apply to any proceedings for a protection order.

Subregulation 1

An application for a protection order must be made by filing an originating application in Form 1 and supported by an affidavit in Form 2.

Subregulation 2

The applicant for a protection order must serve a copy of the documents mentioned in paragraph (1) on —

(a)

each intended relevant party within 14 days after the date of filing the originating application, unless the court directs otherwise; and (b)any other person on whom the documents are directed to be served under rule 68(1), within the time required by rule 68(2).

Subregulation 3

The applicant must file a memorandum of service in Form 21 within 8 days after the date of service in accordance with paragraph (2).

Subregulation 4

An applicant for a protection order who wishes to apply for an expedited protection order must so indicate in the originating application relating to the application for the protection order.

Subregulation 5

Where an affidavit has been filed in support of an application for a protection order, no further affidavit is to be filed or served in support of that application (including any expedited protection order indicated in the application), except with the permission of the court.

Subregulation 6

A person who is served the documents under paragraph (2) may file an affidavit in reply in Form 3 within 14 days after being served the documents, and no further affidavit is to be filed or served in support of the reply except with the permission of the court.

Subregulation 7

The court may grant an expedited protection order despite the failure to serve the documents under paragraph (2).

Subregulation 8

Order 15, Rule 7(6)(c) of the Rules of Court does not apply to any proceedings for a protection order.

Report

Part 4

Mandatory Treatment Order

Part 5

General Provisions Applicable to Protection from Harassment Proceedings

Part 6

Permission to Commence Proceedings Under Section 16I of Act

Part 7

Transfer of Proceedings Under Section 16J of Act

Part 8

General

Schedules