Varying, extending or cancelling restraining orders
You might think your restraining order needs to be changed or extended. You might think your restraining order is no longer needed. In some circumstances, restraining orders can be changed, extended or cancelled.
Common reasons someone might ask the court to change the conditions of a restraining order include:
- to allow the respondent (the person bound) 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.
This webpage has information for those protected and those bound by restraining orders on varying or cancelling a restraining order and how the court will initially deal with their application. It also has information about changing or cancelling restraining orders during some criminal proceedings.
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.
Resources
More information
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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