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How to Cancel or Vary a Violence Restraining Order

Once a Violence Restraining Order (VRO) is in force, sometimes circumstances between the Applicant and Respondent improve and it is no longer needed. PCLB Criminal Lawyers can give you good advice on how to go about cancelling the order, otherwise you can still be tried for breach of the order if you breach the terms.

To have the VRO cancelled you have to fill in a special form called Form 8 Application and lodge it with the Magistrates Court. The form has a space for you to write down the reasons for the cancellation or the variation so the court will know if there is sufficient reason.

In fact, for a couple to get back together there will have to have been a breach of the VRO, and so the respondent is likely to be on trial for the breach. It is then necessary to have that Form 8 filled out in readiness so that the court can know that the Applicant – the person who applied for it – actually helped cause the breach and no longer wants the VRO to be in effect.

However, in cases where there has been no reconciliation and you just want the terms varied, when the form is filled out you have to state what terms you would prefer and give a reason. This reason could be in order to visit a child, or in order to continue working in a place that may be close to where the Applicant lives.

The court looks for evidence that you are experiencing severe and unnecessary hardship and thus, that your hearing should go ahead as soon as possible. They will then set a date for a new hearing which you must attend.

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Violence Restraining Order Explained

A Violence Restraining Order (VRO) is a special court order that can be applied for by a person who fears that their partner or ex-partner will be violent towards them. If you have had a VRO served to you, you are known as the respondent and your ex-partner is known as the Applicant. A good criminal lawyer such as Culshaw Miller Criminal Lawyers will tell you that if you don’t obey the instructions in the VRO you can face jail time.

If you have been in some way violent to your partner, or have intimidated them in some way, or damaged property belonging to them, then they have the right to apply for a VRO against you. This will be served (given to) on you by the police and is in force from that time, usually for a period of two years or longer.