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Variation or cancellation of restraining orders

When circumstances change, an application to the court can be made to vary or cancel a restraining order by either the applicant or the respondent.

If the applicant applies to cancel or vary a restraining order, the court will arrange a hearing date. The application can be heard in the absence of the respondent, or a summons can be sent to the respondent to attend.

Where the respondent applies to vary or cancel a restraining order, a leave hearing seeking permission to proceed is conducted. This is held without the applicant being present. If the court grants permission to proceed, a summons will be sent to the applicant to attend court and both parties are present. It is important that the applicant attend court as summoned because the order can be changed. It is useful to seek legal advice in these circumstances prior to attending court.

If the application is made by the person against whom the order is made, the court must first hold a hearing (in the absence of the person for whose benefit the order was made) to consider whether sufficient grounds exist to permit the application to proceed.

If the court grants approval to proceed, then both parties have to attend the next hearing.

Last updated: 18-Feb-2013

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