Challenging a protection order
Challenging an “on notice” application
What can I do to challenge an “on notice” application?
If the other person has applied “on notice” for a permanent protection order, you’ll have the opportunity to put in a written defence against what the other person has said in their application and affidavit (sworn statement). You must file your defence at least five days before the hearing. If you don’t file a written defence in time, you can still go to the court hearing and oppose (“defend”) the application, but you may have to pay court costs as a result.
If you’re late filing your defence but you can provide a good reason for this, the judge can put off the hearing for a time, usually up to six weeks. You can decide not to oppose the application, in which case the judge will make a decision based on the information given by the applicant (the person who applied).
You can also decide not to challenge the application but to be heard in court for another reason – for example, about care of children arrangements.