If you’ve been issued a restraining order, you may be feeling confused or uncertain about what comes next. A restraining order can have a significant impact on your life, and it’s understandable that you may want to have it discharged or changed. But how can you go about doing that?
In this article, we’ll explain what a restraining order is, why you might want to discharge it, the legal process for doing so, and how we can help you through the process. Whether you’re looking to have the order removed or varied, this guide will give you all the information you need to take the right steps.
What is a Restraining Order?
A restraining order is a legal order issued by the court to protect a person from harassment, fear of violence, or other forms of abuse. It can be made in criminal cases, either following a conviction or, in some cases, even if you have been acquitted of the charges. If the court believes someone is at risk of harm or harassment, they may issue a restraining order to prevent any further contact or actions that could cause distress or danger.
While restraining orders are often issued in domestic violence cases, they can also be applied in other situations where one party is at risk of harm or harassment from another. Once an order is issued, it can carry severe penalties if breached, including a prison sentence of up to five years. That’s why it’s incredibly important to comply with any terms set out in the order.
However, sometimes situations change. You might find that the conditions of the restraining order no longer apply, or you may want to re-establish a relationship that the order is preventing. In these cases, you can apply to the court to have the order discharged or varied.
Why Would You Want to Discharge a Restraining Order?
There are a variety of reasons why you might want to discharge or vary a restraining order. Here are a few common examples:
- Reconciliation: If the restraining order was issued in the context of a relationship breakdown, there may have been a time when emotions were running high, and it seemed necessary to have the order in place. But now, you and the other party might want to reconcile, and the order is preventing you from doing so.
- Changed Circumstances: Maybe the original reason for the restraining order no longer exists. For example, geographic restrictions may be outdated or no longer necessary, or you may have moved away from the situation that led to the order being placed.
- The Other Party’s Support: If the person protected by the order is no longer concerned or supports the discharge, this could make your application much stronger.
- Mistake or Misunderstanding: There are instances where a restraining order may have been issued based on a misunderstanding, or where the facts were not fully considered. If this is the case, you may have grounds to apply for the order to be removed.
How Do You Apply to Discharge a Restraining Order?
To apply to discharge a restraining order, there are a few important things you need to know about the process.
Check If You’re Eligible to Apply
Under the Protection from Harassment Act 1997, a restraining order can be varied or discharged by the court if there has been a change in circumstances. The person who is the subject of the order, or even the person protected by the order, can apply to have the order changed or removed. The application can also be made by the prosecutor if they believe it’s necessary.
Understand the Legal Standard
There are no specific statutory criteria for discharging a restraining order, but case law has set a standard that the court will apply. The primary question is whether anything has changed since the order was made, such that it is no longer necessary or appropriate to continue the order. This could involve a change in the relationship or circumstances that led to the order, such as reconciliation between the parties or a change in the nature of the threat or risk.
If the person protected by the order agrees with the discharge, the application is likely to be stronger. The court will take into account whether the person feels safe, whether they still want the order in place, and whether continuing the order is still necessary for their protection.
Gather Evidence
When applying to discharge or vary a restraining order, you’ll need to present evidence to the court. This could include written statements, documentation of any change in circumstances, and any other relevant information that supports your request. If the person protected by the order is in agreement with the discharge, it will strengthen your case, and their statement of support will be very useful.
Submit Your Application
Once you have all your evidence, you need to apply to the court that issued the order. You can do this yourself or with the help of a solicitor. If you are applying without legal representation, you’ll need to ensure that the application is filled out correctly and that all supporting documentation is included. If you’ve been represented by a solicitor in the original case, they can assist with this process and gather the necessary papers from your previous case.
Court Process
The court will review your application, and the process can go in one of two ways:
- Without a Hearing: The court may decide to vary or discharge the order without the need for a hearing, based on the application and supporting evidence you have submitted. If this happens, all parties involved must be given a chance to make representations. The court will allow at least 14 days for this.
- With a Hearing: If the court feels a hearing is necessary, all parties must be notified. At the hearing, the judge will consider all the evidence and arguments before deciding whether to discharge the order. If the person protected by the order is attending, they may be asked to give evidence about why they want the order changed or removed.
Prepare for the Hearing
If a hearing is required, you’ll need to prepare thoroughly. This means gathering all relevant evidence, including statements, supporting documents, and any witness testimony. You may also need to have legal representation to present your case in the best possible way, especially if you need to cross-examine witnesses or present complicated arguments.
The court will want to ensure that there is a valid and compelling reason to change the order. Simply wishing to remove the order because you don’t agree with it is unlikely to be enough. The court will consider the safety and well-being of the protected person as the primary concern.
How Legal Assistance Can Help?
Discharging a restraining order is not always straightforward, and it’s often advisable to seek legal assistance. If you’re unsure about how to proceed or whether you have a strong case, consulting with a solicitor can give you a clearer understanding of your options.
A solicitor can help you in the following ways:
- Advising on the Strength of Your Case: They can assess whether there’s a reasonable chance of success in your application.
- Gathering Evidence: They can assist in gathering the necessary evidence and preparing your application in the correct format.
- Representing You in Court: If a hearing is required, a solicitor can represent you and ensure your case is presented clearly and effectively.
- Navigating Legal Procedures: A solicitor can guide you through the court process, ensuring you don’t miss any important steps and that all the necessary paperwork is filed correctly.
Conclusion
Discharging a restraining order can be a complicated process, but it’s certainly possible if your circumstances have changed. Whether you want to reconcile with the person the order was protecting, or you feel that the order is no longer necessary, there is a clear legal process for requesting that the order be discharged or varied.
Remember that the court’s primary concern will be safety, so you’ll need to present compelling evidence that the order is no longer needed. With the right legal advice and careful preparation, you can improve your chances of success and move forward with your life.
If you’re considering applying to discharge or vary a restraining order, don’t hesitate to seek professional advice and assistance to guide you through the process.
