Further to his previous article on Restraining Orders posted on our website on January 19th 2018, Nazaqat Maqsoom of Kangs Solicitors explains the circumstances in which an application can be made seeking a variation or discharge of such an Order.
Who Can Apply? | Kangs Restraining Order Solicitors
By virtue of Section 5(4) of The Protection from Harassment Act 1997, (‘the Act’), the prosecutor, defendant or any other person mentioned in an Order may apply to the court to have it discharged or varied.
The Application must be made to the original Court where the Order was made.
When Can An Application Be Made? | Kangs Advisory Team
Under section 5(7) of the Act the Court has the power to Discharge or Vary an Order when dealing with a breach of the Order.
For an application to be successful, there must be good reason to have the Order varied or discharged.
- the situation has changed rendering the continuance of the Order neither necessary nor appropriate.
- the protected person now lives in a different area.
- a child /children has/have attained an age where contact is required and appropriate with the person named in the Order.
The Court will always consider the reason for the issue of the Order and the views of those protected by it will have a significant impact on the court’s decision.
Although an application supported by the protected person(s) will be more likely to succeed, ultimately, the decision is that of the court based upon all of the prevailing circumstances.
How We Can Help | Kangs Restraining Order Variation Solicitors
Kangs Solicitors are regularly instructed by clients seeking the variation or discharge of restraining orders.
Our experienced team of solicitors is available to assist in dealing with all matters arising from Restraining Orders and to advise you.
Who Should I Contact? | Kangs Restraining Orders Solicitors
Our team of solicitors can be contacted through the following: