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25 November 2014

Varying a Temporary Protection Order

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Why vary a Temporary Protection Order? An aggrieved person may want to seek a variation of a Temporary Protection Order so that they are provided with greater protection from the Respondent. A Respondent may also seek a variation.

If the Police have acted for you when you were granted with a Temporary Protection Order and you are considering varying the Temporary Protection Order you should communicate with the relevant Police Officers to enquire whether the Police will represent you with respect to the Application to vary a domestic violence order.

If the Police did not represent you, you may commence your own private Application to vary a domestic violence order.

Having regard to the Act to make the Application, the Application must:

(a)     State the grounds on which it is made; and

(b)     State the nature of the variation sought.

The Police will serve the application.

The Court may make a Temporary Protection Order against the Respondent only if the Court is satisfied that the Temporary Protection Order is necessary or desirable to protect the Applicant from domestic violence, pending a decision on the Application for the variation. In urgent cases the application can be heard before it is served on the other party.

The Court varying a Domestic Violence Order may impose any other condition that the Court considers necessary in the circumstances and desirable in your interests.

Effect of varied Order

If you are successful a variation of domestic violence order takes effect if the Respondent is present in Court when the Court varies the Order or if the Respondent is not present in Court when the Court varies the Order then when the Respondent is served with a copy of the varied Order.

If a Court varies a domestic violence order, the domestic violence order remains in force until the varied order takes effect.

If you would like to obtain advice about varying a Temporary Protection Order or Domestic Violence please make an appointment with one of our solicitors.

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