How to apply to vary or remove restraining order made in the Magistrates Court

Posted: 10 July 2023

To vary or remove a restraining order made in the Magistrates’ Court you must be a prosecutor, defendant, or any other person in the order. In addition, you must fill out an application and must have a persuasive case to change the courts mind.

People who are entitled to fill out the application:

As stated by the Harassment Act 1997 only the prosecutor, the defendant or any other person mentioned in the order may apply to the court which made the order for it to be varied or discharged by a further order. In short, anyone involved in the original restraining order can fill out the application to get the restraining order removed.

What is on the application?

On the application you must fill out standard details such as your name, date of birth and address etc. You then must fill out whether you want to vary or revoke a restraining order, the court in which the restraining order was filed in and the case number. You must also fill out the details of the restraining order such as, reasons for filling out the application, the evidence you can bring to court. You must then send the signed and dated application to the prosecutor and the court for consideration.

Criteria for application

There are no standing criteria at present as to whether a restraining order can be varied or removed. However, the Harassment Act 1997 states the “The only question on an application or further application, under section 5(4) of the Protection from Harassment Act 1997, to discharge or vary a restraining order made under that section, was whether something had changed so that the continuance of the order was neither necessary or appropriate”. This means that the case must be very persuasive to make the court change their mind.

If you have any queries, or wish to discuss, please contact our Criminal Team call 01376 559 690 or 01245 493959 or you can send an email.