Can i cancel restraining order

Common reasons someone might ask the court to change the conditions of a restraining order include: to allow the respondent to live with, spend time with, or communicate with children under parenting orders from the Family Court to communicate with the protected person by email, text message or SMS in order to make arrangements about spending time or communicating with their children, or to go with a police officer to collect items from the protected person's address.

Find out: how you can apply to vary, extend or cancel a restraining order when you can ask the court to set aside a decision made in your absence, and what decisions you can appeal against. Can I ask the court to vary, extend or cancel a restraining order? I am a person protected by the order The person protected by a final restraining order can ask the court to: change any of the conditions of the order, extend the duration of a final order, or cancel the restraining order.

I am the person bound by the order The person bound by a restraining order can ask the court to: change any of the conditions of an interim or final order, or cancel a final restraining order. If you want to change or cancel an interim Family Violence Restraining Order FVRO or Violence Restraining Order VRO , you must be able to show: the conditions of the order are causing you serious and unnecessary hardship, and it is appropriate your application is heard as a matter of urgency.

If you want to change or cancel a final order , you must be able to show: the protected person has repeatedly invited, encouraged or somehow tried to get you to breach the order, or there has been a substantial change in circumstances since the final order was made.

What if I missed a final hearing and the court made a decision without me? This might be where you are: the applicant and the court dismissed your application for a restraining order because you didn't come to the final order hearing, or the respondent and the court made a restraining order in your absence at a final order hearing. What if I wanted to object to an interim restraining order, but didn't lodge the form in time?

Can I appeal against a decision about restraining order? It is possible to appeal against a decision to: dismiss an application for an interim restraining order that was initially heard by telephone or in the absence of the respondent make, vary or cancel a final order, including decisions to not do those things, and make any other order in relation to a final order.

If you wish to lodge an appeal you should seek legal advice about: whether you have a legal basis to appeal what time limits apply to starting an appeal which court you need to appeal to it all depends on who made the original decision , and what fees and costs could be involved, including possible orders to pay legal costs if you are unsuccessful.

Resources Infosheet - After a restraining order is made More information Magistrates Court of Western Australia Application forms to change or cancel a restraining order, including nationally recognised orders. Last reviewed: 1 May Related Pages Get help with restraining orders. Check the box on the form saying that you want the A order to be terminated. Write the reasons you want terminate the order. You may want to keep the order but ask that certain parts of it be dropped.

This way, even if you get back together or you want to be able to talk to the other person, they will still know that they can be arrested and go to jail if they hurt or threaten you. You have the right to an interpreter. You may be able to get free legal help from your local legal aid program.

Or email a question about your own legal problem to a lawyer. Fill out a A application on your phone or computer. What if I want to talk to the abusive person or get back together?

Show Endnotes Hide Endnotes. Will I be violating the A protective order if I let the abusive person back in the house, or call them or go to see them? Important If you do call the person you have the restraining order against or go see them or invite them over, the police and the court might think about this if you need their help in the future.

What should I do if we are getting back together? If you want to get back together, or even just talk to the other person or see them, you can: ask the court to change the order.

The court can drop the "no contact" part of the order but keep the "no abuse" part of the order. You can still have an order saying that they can't abuse you, but they won't get in trouble just for contacting you or being with you. You can also ask the court to drop other parts of the order. Make sure that you read the order and think about the parts you want to keep and the parts you want to let go. Then go to the court and tell the clerk that you want to make a motion to change your order.

Check the box on the form saying that you want the A order to be modified. Write on it how you want the order to change. In other words, the district court can keep the order in place, change it in some way, or do away with it completely. Filing the appeal paperwork does not change the validity or enforceability of the extended order.

To appeal the grant of an extended protection order, the adverse party must complete and file the forms below with the justice court where the case is pending. JCRCP 74 b. If the hearing wasn't recorded, you must fill out and file the Statement of Evidence or Proceedings form below. The district court may issue an order setting the case for oral argument and may require the parties to submit written briefs.

A form Appellate Brief is available, free of charge, at the Civil Law Self-Help Center or can be downloaded by clicking one of the listed formats underneath the form's title below:. Click to visit our Basics of Court Forms and Filing for tips on how to fill out legal forms and file in the justice court, or click to visit Justice Courts for court location and contact information.

This website is intended to provide general information, forms, and resources for people who are representing themselves in a Clark County court without a lawyer. The information on this website is NOT a substitute for legal advice.