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FAQ

There is no fee for applying to the Magistrates Court for a violence restraining order.

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.

A protection order may be varied, withdrawn or set aside if the complainant makes an application for variation or rescission, but only if the court is satisfied that the application is being made freely and voluntarily.

The standard test for the order can be sought is whether or not there is evidence of harassment or risk of violence (or further violence) against a victim. You can get a restraining order against someone if the person has: Abused (or threatened to abuse you) Sexually assaulted you.

Evidence of any damage to property (for example photos) information about the defendant's use of alcohol or drugs. information about the defendant's access to firearms or other weapons. information about any mental health issues.

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Pictures can be included in your evidence, but be prepared for them to not be enough evidence to demonstrate the abuse. How to apply for a Restraining Order.Attend the hearing and testify on some or all of issues. There is No Filing Fee to apply for a Domestic Violence Restraining Order. If the application is not readable, it may be rejected or the review may be delayed. Warning: The information and forms in this guide are not legal advice and are not a substitute for the help of a lawyer.

Application Restraining Order Without Evidence

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