Rule 2 (3) BEFORE amended by BC Reg 357/2012, effective March 18, 2013.

How to apply for support and assistance orders and restraining orders

(3)  To apply for a support and assistance order, a restraining order or both, a designated agency must complete an application in Form 1 and file with the court

(a) the completed application,

(b) a support and assistance plan that complies with section 54 (3) (a) of the Act,

(c) unless the only order being sought is a restraining order, the assessment particulars relating to the adult,

(d) unless the only order being sought is a restraining order, an assessment report relating to the adult, and

(e) in addition, if a restraining order is sought, a draft notice to appear in Form 2 to the person against whom the order is sought.

[See the Provincial Court (Family) Rules for how to apply for an order for parental maintenance under Part 7 of the Family Relations Act.]

[am. B.C. Reg. 157/2011, s. 1 (b) and (c).]

 Rule 3 (3) (part) BEFORE amended by BC Reg 157/2011, effective September 9, 2011.

Service of notice to appear if interim or other restraining order is sought

(3)  Unless permission is granted under Rule 7 (8) to use a different method of service,

 Rule 3 (3), notes BEFORE amended by BC Reg 157/2011, effective September 9, 2011.

[Section 51 (2) of the Act requires that the adult be served, within the 72 hour period, with a copy of the application for an interim restraining order.

Section 54 (2) of the Act lists the persons who, in addition to the person against whom the restraining order is sought, must be served, within the 72 hour period, with a copy of the application for a restraining order.

Rule 7 (5) specifies the permitted methods for serving a copy of an application for an interim restraining order or for a restraining order on the adult and anyone else required to be served, other than the person against whom the orders are sought.]

 Rule 4 (8) (b) BEFORE amended by BC Reg 75/2022, effective March 30, 2022.

(b) order a sheriff or peace officer to detain the witness in custody until his or her presence is no longer required.

 Rule 7 (1) (a) BEFORE amended by BC Reg 157/2011, effective September 9, 2011.

(a) if the application is for an interim restraining order, the persons required to be served under section 51 (2) of the Act;

 Rule 7 (1) note BEFORE amended by BC Reg 157/2011, effective September 9, 2011.

[See section 51 (2) of the Act for additional requirement for service of an application for an interim restraining order and section 54 (2) of the Act for an additional requirement for service of an application for a support and assistance order, including a restraining order. Both sections require those applications to be served within 72 hours after filing.]

 Rule 7 (5) (b) (part) and (c) BEFORE amended by BC Reg 212/2015, effective November 28, 2016.

(b) on a designated agency, whether or not incorporated under the Society Act,

(c) on a society incorporated under the Society Act, other than a designated agency,

(i) by leaving a copy

(A) at the address for service on file with the Registrar of Companies,

(B) with a director or officer of the society, or

(C) with a receptionist at the society's office;

(ii) by registered mail to the address for service on file with the Registrar of Companies, or

(iii) by faxing it, together with a fax cover page in Form 11, to the fax number provided by the society;

 Rule 7 (5) (a) (i) BEFORE amended by BC Reg 75/2022, effective March 30, 2022.

(i) by leaving a copy with him or her,

 Rule 9 (5) BEFORE amended by BC Reg 157/2011, effective September 9, 2011.

Order may be made without notice

(5)  If a matter is urgent or special circumstances exist, a judge may make an order without a person having been served with a copy of an application.