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Change or Cancellation of Orders

Any person who obtains an order, or the person against whom the order is made, may apply for a variation or cancellation of a restraining order. If the application to vary or cancel 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 application to vary or cancel a family violence restraining order is made by the person protected, the court must consider whether any threats have been made, or some other pressure has been brought to bear, on that person.

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


Last updated: 3-Jul-2017

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