How do I ask for a restraining order in a family law motion?
Question & AnswerHow do I ask for a restraining order in a family law motion?
3. Serve your partner
If you bring a for a regular or an urgent motion with notice, you have to give your partner a copy of your documents so that they have a chance to respond. This is called “serving” your partner.
You must your partner at least 4 days before the date of your motion. There is also a guide on how to serve documents.
Whoever serves your partner must fill out Form 6B: Affidavit of Service. In it, they say when, where, and how they served your partner. The form proves that your partner got a copy of your documents and knows that they have to respond to them.
If you bring an ex parte or urgent motion without notice, you don’t need to give your partner a copy right away.
File your documents
After you serve your partner, take your original documents and Form 6B: Affidavit of Service to the courthouse and them. This means you put them in your court file. You do this at the court counter, with the help of the .
There is a guide on how to file documents.
Get a response
Your partner must serve you with a copy of their documents at least 2 days before the date of your motion.