Responding to restraining order applications
What can I do if I’m served with an interim FVRO or interim VRO?
If you have received an interim FVRO or VRO, your options include:
1. Agreeing to the FVRO/VRO being made final
You can fill in the 'Consent' section on the back of the notice you received and return it to the court within 21 days. You then do not need to go to court. The FVRO or VRO will be made final as soon as the court receives your consent notice.
Before agreeing to the order being made final, you should check what you are not allowed to do. You may want to negotiate different conditions for a final order.
2. Objecting to the FVRO/VRO being made final
You can fill in the 'Objection' section on the back of the notice and return it to the court where the order was made within 21 days.
The interim FVRO or VRO remains in force, even if you object to it.
If both you and the applicant have opted to participate in an FVRO conference and one is available, the court will set a date for a conference. You can find more information about conferences on the webpage Conferences in FVRO cases.
Otherwise, your case will go to a final order hearing. The court will set a date for you and the protected person to come to court. The next court date could be either a mention or directions hearing or a final order hearing (trial). if you are unsure whether it is a mention hearing or a final order hearing, you should call the court to find out.
The court will set a date for you and the protected person to come to court. The court date could be either a mention or directions hearing or a final order hearing (trial). If you are unsure whether it is a mention or a directions hearing or a final order hearing, you should call the court to find out.
3. Doing nothing
If you do not return a notice of objection to the court within 21 days after you were served, the interim order will automatically become a final order against you.
What if I have received a summons to go to court for a restraining order?
A summons for a VRO or an FVRO hearing usually means that no interim order has been made. With an MRO you receive a summons as the first step. The court has given you the chance to have your say about whether an order should be made. Your options include:
1. Agreeing that the restraining order should be made
You can go to the hearing and agree to be bound by the conditions of a restraining order. This does not mean you admit you did anything wrong or what the applicant says you did.
2. Objecting to the restraining order being made
You can go to the hearing and tell the court you object to a final order being made. The court will then organise a final order hearing.
3. Doing nothing
If you do not attend the hearing, the application will be decided in your absence. The applicant will tell the court what happened and why they want the order. The court will decide if a final order is needed.
If an order is made in your absence, it will be served on you by the police.
Are there other ways of responding to a restraining order application?
Sometimes an applicant may be willing to stop their application (and have any interim restraining orders cancelled) if you give an undertaking to the court that you won't do certain things.
Alternatively, at any stage of proceedings for a VRO or an MRO, you can agree to be bound by the conditions of a final order. This is done on a 'without admissions' basis - you agree the court can make a final order against you, without having to agree that there is any reason or need for it (or admit that you did any of the things the applicant says). You can do something similar with a conduct agreement order to settle an FVRO application.
If someone has a restraining order against me, does it appear on my criminal record?
No, but it will be recorded by the court and on the police system. In some court cases, a court might be allowed to know that someone has (or had) a restraining order against you. For example, this can come up in bail applications and in family court proceedings.
If you are convicted of breaching a restraining order, the conviction will normally appear on your criminal record.
- Court flowchart for FVRO applications
- Court flowchart for VRO applications
- Court flowchart for MRO applications
- Responding to restraining order applications
- Preparing for a final order hearing
- Information for respondents in final order hearings
- Conduct agreement orders
Reviewed: 9 October 2023