Varying, extending or cancelling restraining orders
What can I do if I am a protected person under a final order?
If you have a final restraining order, you 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.
You can also ask to change the conditions of an interim family violence restraining order (FVRO) or violence restraining order (VRO).
When the court receives your application, it will set a hearing date and summons the person bound by the order to come to court, so they can have a say about your application if they want. If you only want to have the order cancelled, you can ask the court for a hearing without the person bound.
Anyone who could have applied for the original order can also make an application to vary, extend or cancel the order. In an application in a criminal court, the prosecutor can make the application for you.
What can I do if I am the person bound by a restraining order?
You can ask the court to:
- change any of the conditions of an interim or final order, or
- cancel a final restraining order.
When the court receives your application, it will set a hearing date to decide if you will get permission (also called 'leave') to continue with your application. The protected person does not come to this hearing. The court will give permission to change or cancel a restraining order in limited circumstances.
- 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 that:
- the conditions of the order are causing you serious and unnecessary hardship, and
- it is appropriate that your application is heard urgently.
- If you want to change or cancel a final order, you must be able to show that:
- 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.
If the court gives you permission to continue your application, you and the protected person will come to another hearing where the court will decide if it should change or cancel the order.
Can I get the order varied or cancelled during my criminal case?
The court can also vary or cancel a restraining order when it is sentencing you for breaching a restraining order. The court can do this if it is satisfied that the protected person has repeatedly invited, encouraged or somehow tried to get you to breach the order. Before doing this, the court must let the protected person have their say about the change or cancellation.
Magistrates Court of Western Australia
Application forms to change or cancel a restraining order are available from the court registry or the Court’s website.
Last reviewed: 26 September 2023