cancel-violence-restraining-order
by YJIL -

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. 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.

violence-restraining-order
by YJIL -

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.

It is essential that you read the terms of the VRO so that you become familiar with them and don’t forget what you have to do. This will usually be to not approach your ex, not speak to them and not to contact them in any way including by mail, email or text message.  It is extremely important to take care where you go so that you don’t accidentally contravene the terms.

For instance, if there is a club or hotel where your ex is likely to go, or a cafe near your home or their workplace where you might have once gone together, it is best to avoid those places and find somewhere else to hang out.  Breaching the terms of a VRO is considered a crime and you don’t want to be convicted. You may have to go to jail or pay a fine.

When you receive a VRO that you think is unnecessary you have 21 days in which to object. You will need to send a notice to the court for this to happen. Criminal lawyers will be able to help you with this if you need help.  If you don’t object in this way, the VRO will become final and last for 2 years or the term mentioned in the details.