Receiving a court order you knew nothing about can be stressful, especially when it affects your safety, family, or finances. You may wonder how a judge could decide without hearing your side of the story.
In Alberta, courts can grant certain orders without notifying the other party beforehand. These orders are generally reserved for situations where urgent action is needed or providing notice could cause harm.
If a court order without notice has been made against you, understanding what it means, when it takes effect, and how you can respond can help you protect your legal rights.
What Is an Order Without Notice in Alberta?
An order without notice, also known as an ex parte order, is a court order granted without the affected party receiving advance notice of the application or an opportunity to respond before the initial decision.
Normally, a person requesting a court order must file an application supported by evidence, often in the form of a sworn affidavit. The other party is then given an opportunity to review the application and present their position.
However, in some circumstances, waiting to notify the other party could create additional risks. In these cases, the court may consider the application without hearing from both sides.
This does not mean the affected party loses their right to respond. Alberta law provides procedures for challenging orders made without notice.
Why Would a Court Grant an Order Without Notice?
Courts generally require parties to receive notice of an application before deciding it. However, an order without notice may be appropriate when advance notice could cause significant harm or undermine the purpose of the application.
Common reasons for seeking an order without notice include:
- Immediate safety concerns: A person may need protection from threats, harassment, or violence.
- Protection of children: Urgent circumstances may require action to protect a child’s safety.
- Preservation of property: There may be concerns that someone will sell, transfer, or dispose of assets before a court hearing.
- Other urgent circumstances: Providing notice could prevent the requested order from achieving its intended purpose.
For example, someone experiencing threats or harassment may be able to apply for a restraining order without notice if their safety or their children’s safety is at risk.
The court considers the evidence and applicable legal requirements before deciding if an order should be granted without notifying the other party.
What Happens Immediately After the Order Is Granted?
Once a court grants an order without notice, it may take effect immediately or at the time specified in the order.
Depending on the circumstances, several steps may follow:
- The order takes effect: The affected party must comply with its conditions once they apply.
- Court documents are served: The applicant may need to arrange for the other party to receive the order and supporting documents.
- A review hearing is scheduled: Some orders include a date when both parties can present their positions.
- Additional requirements: Certain orders may need to be provided to police or other relevant authorities.
The specific process depends on the type of order granted.
For example, Alberta restraining orders made without notice generally remain in place until a review hearing, usually scheduled within two weeks.
How Is the Other Party Notified or Served?
Although the other party may not receive notice before the initial application, they generally must be informed of the order afterward.
This process is called service. It involves delivering the court documents so the affected person understands the order, the evidence supporting the application, and any upcoming court dates.
For restraining orders without notice in Alberta, the applicant must arrange for another person to serve the respondent. The person completing service must then swear an Affidavit of Service confirming that the documents were delivered.
Proper service helps ensure the affected party has an opportunity to respond through the appropriate court process.
What Restrictions or Requirements Can the Order Include?
The conditions of an order without notice depend on the circumstances and the type of application.
In family law matters, an order may include:
- Restrictions on contacting or approaching another person
- Requirements to stay away from a home, workplace, or other location
- Temporary measures intended to protect a child’s safety
- Restrictions on transferring or selling property
- Other conditions that remain in place until a subsequent hearing
For example, a restraining order may prohibit someone from contacting another person directly or indirectly, including by phone, text, or social media.
Failing to comply with a court order can have serious consequences, even if you disagree with the decision. Follow the conditions unless the court changes or cancels them.
What Can You Do If an Order Without Notice Is Made Against You?
Learning that a court has made an order against you without hearing your position can be frustrating. However, you can challenge certain orders through legal procedures.
If you receive a court order without notice, consider the following steps:
- Review the order carefully. Identify the restrictions, deadlines, and any scheduled court dates.
- Follow the conditions. Do not ignore the order while deciding how to respond.
- Gather relevant evidence. Collect documents, communications, and other information that may support your position.
- Seek legal advice. A family lawyer can review the order and explain the procedures available to you.
- Prepare your response. Depending on the order, you may need to file an affidavit or make a formal application to the court.
If you disagree with an Alberta restraining order without notice, you may need to file an Affidavit in Response before the review hearing.
The Government of Alberta provides information on responding to restraining orders without notice, including the required forms and steps.
Can an Order Without Notice Be Set Aside or Changed?
Yes. Depending on the circumstances, a person affected by a court order without notice may apply to have it set aside, varied, or discharged.
Under Rule 9.15(1)(a) of the Alberta Rules of Court, the court has authority to set aside, vary, or discharge certain orders made without notice to an affected person.
The rule generally requires an application within 20 days of the earlier of receiving the order or becoming aware of it, unless the court orders otherwise.
However, the appropriate procedure and deadlines depend on the type of order and the circumstances of the case. For example, restraining orders without notice have their own review process, and the respondent may be able to present evidence at the scheduled hearing.
Seeking legal advice promptly can help you understand the available options and avoid missing important deadlines.
What Happens at the Review or Subsequent Court Hearing?
A review hearing gives the affected party an opportunity to respond to the original application and present their evidence.
For Alberta restraining orders without notice, the initial order generally remains in place until the review date, usually within two weeks.
At the hearing, the court may consider:
- The reasons the original order was requested
- Evidence and arguments presented by both parties
- Objections to the allegations or restrictions
- The need for continued protection or other temporary measures
- Changes in circumstances since the order was granted
The judge may decide to continue, change, or end the order based on the evidence and applicable legal requirements.
Not every order without notice follows the same review process. The hearing requirements and timelines depend on the type of order involved.
Why Legal Advice Matters When Dealing With a Without Notice Order
A court order without notice can have immediate consequences for your family relationships, finances, and personal safety.
If you are applying for an order, you need to understand the legal requirements and provide the court with accurate, complete information.
If an order has been made against you, responding promptly can help ensure the court considers your evidence and concerns.
A family lawyer can help you understand the order, review the evidence, prepare court documents, and determine the appropriate steps to challenge or respond to it.
Legal advice is particularly important when an order affects your ability to contact family members, access your home, or manage shared property.
Get Advice From Mincher Koeman Law Chambers
Dealing with a court order without notice can be overwhelming, especially when important decisions are made before you’ve had a chance to respond.
At Mincher Koeman, our family lawyers help clients navigate urgent family law matters, including restraining orders, without-notice applications, and disputes involving court orders.
Our team can help you understand your rights, review your circumstances, and determine the appropriate next steps.
If you need assistance with a court order without notice, contact Mincher Koeman to book an appointment to review your case. Our family lawyers assist clients in Calgary, Canmore, and surrounding communities.
