Orders, Breaches & Changes

Various orders can be made.  For example, an order can:

  • Prohibit contact with you at home or work.
  • Prohibit a person behaving in certain ways.
  • Limit contact (for example, when the other person is drunk).
  • Prohibit acting in an offensive manner.
  • Prohibit damage to property.
  • Prohibit a person being in possession of a firearm.
  • Being on or near a certain place.
  • Coming within a certain distance of you.
  • Contacting you in certain circumstances or in particular way eg only by texting to make arrangements for contact with your children.

The order can be written to suit your situation.

 

Breaching an order

The order is a civil order but breach of an order may be a criminal offence.  Contact the police if there is breach of this order.  They can take action against a person who breaches a restraining order.

 

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 final order.  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.