Form 49: Affidavit of Personal Service of Protection Order
Form 49 documents a person’s personal service of a BC Family Law Act protection order, with the served order attached as Exhibit A.
Use Form 49 to prove service of an order about a protection order under Rule 183(2)(b), when personal service occurs. The affidavit records who served, who received it, when and where service happened, and how the recipient was identified.
When do you need this affidavit?
Rule 72 usually makes the registry responsible for arranging service within BC if the person against whom a protection order is made or changed was not present when it was made. If the registry cannot arrange service or the person evades service, Rule 72 sets out when the person who obtained the order becomes responsible. Form 49 supplies evidence of personal service once service occurs.
If the person was present when the protection order was made or changed, Rule 72 provides for a copy to be given then. Do not assume every protection order always requires an independently hired process server.
Does enforcement depend on this affidavit?
No. Form 49 records personal service; it is not what makes a Family Law Act protection order enforceable. Under section 188(2) of the Family Law Act, a police officer with the legally required grounds may enforce a protection order whether or not there is proof that the order was served. This is separate from Rule 72’s directions about arranging service and Rule 183’s methods of proving service.
If there is immediate danger, contact emergency services. Do not postpone seeking police help solely because a Form 49 affidavit has not yet been completed.
Step-by-step: completing Form 49
- Confirm whether the registry is arranging service or you have been told that you must arrange it. Follow any safety-related court directions.
- Have personal service performed as required by the rules, usually by an adult who is not a party; do not personally confront someone if safety is a concern.
- Record the date, time, location and the precise name of the person served.
- Attach a copy of the protection order made under Part 9 of the Family Law Act as Exhibit A. The official Form 49 has space to identify additional documents as Exhibits B, C and D if also served.
- Mark the way the recipient was identified: the server knew them, they admitted their identity or another truthful explanation.
- Have the server swear or affirm the affidavit before an authorized commissioner; then provide it for filing in the case.
How is Form 49 different from Form 7 or 48?
Form 7 is the general service certificate. Form 48 proves personal service of summonses and subpoenas. Form 49 is tailored to service of a protection order and calls for the order to be attached as an exhibit. Using the wrong proof form can delay proper recording of service.
Practical example
The court registry advises the protected party that service cannot be arranged and the party must take responsibility under Rule 72. A qualified independent server personally delivers the order, then swears Form 49 with the order attached as Exhibit A.
Common mistakes
- Failing to attach the actual order as Exhibit A.
- Writing the protected party’s name as the person served rather than the respondent’s name.
- Omitting the server’s identity check or exact time and place.
- Assuming a parent or applicant must personally serve a potentially dangerous individual.
Official sources
- BC government Form 49 (PDF)
- BC Provincial Court Family Rules — Rules 72, 177 and 183
- BC government Provincial Court family forms library
- Family Law Act — section 188(2), enforcement without proof of service
Primary-source review: October 13, 2026. Limited to the form and stated procedural requirements, not a certification of every circumstance or future amendment.