1. Change or cancel a Protection, Property, or Furniture Order

Court orders for family violence

Change or cancel a Protection, Property, or Furniture Order

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Overview

The Family Court can change or cancel a court order. To apply, you must be named as either the applicant or respondent in the original order.

Before you apply

To cancel a Protection Order, the Court must believe there is no longer a risk to any of the protected people.

Who is included in a Protection Order

If you want to change or cancel a Protection Order, you may find it helpful to talk to a lawyer.

Get legal advice and help

How to apply

1

Understand what you need

You’ll need to submit a copy of any related court orders – this may be a Temporary or Final Protection Order, a Property Order or a Furniture Order.

You’ll need to submit an information sheet and affidavit with your application.

Applications and information sheets

Affidavits

A lawyer can help you apply for court orders and they may also represent you in court.

Get legal advice and help

2

Complete the application forms

You must complete all of the following.

Application to vary (change) or discharge (cancel) a Protection Order (Temporary or Final) or a Property Order form [PDF, 332 KB]

General affidavit form [PDF, 198 KB]

Information sheet [PDF, 217 KB]

You need a BLUE or BLACK ballpoint pen if you choose to fill out the forms by hand.

Change or remove conditions relating to weapons

If you want to add, change, or cancel conditions relating to weapons, you need to complete the following application form.

Application for a change, removal, or the addition of standard condition relating to weapons form [PDF, 195 KB]

To have the forms sent to you, freephone the Ministry of Justice on 0800 224 733. You can also pick them up from the court.

Find your nearest court

You must print the forms single sided.

3

Get all your documents together

Your application must include:

  • a completed and signed Application to vary (change) or discharge (cancel) a Protection Order (Temporary or Final) or a Property Order
  • an affidavit
  • an information sheet
  • an application for a change, removal, or the addition of standard condition relating to weapons (if needed).
4

File your application

You can file your application electronically, by post, or in person. When you file your application, it must have the original signatures. You must file your application at the correct courthouse. If you file your application in person or by post, you’ll need to provide enough exact copies for everyone named as a party to your application and keep a copy for yourself.

How to file documents

Court staff will contact you if they need more information.

Fees when using the Family Court

There is no court filing fee for this application.

After you apply

After you apply, the Court will try to give a copy of your application to the other people named in your application. They’ll have between 21 – 50 days to respond, depending on where they live.

If they respond, you’ll be given a copy of their response.

If the Court can’t contact the other people named in your application or they choose not to respond, a judge may:

  • want to hear from you in person
  • decide to hold a case conference or a hearing, or both.

Case conferences

Hearings

When will your case be finalised

The time it takes for your case to be finalised in court depends on the following.

  • How long the other people named in your application take to respond
  • If a judge has asked for more information
  • How long you or other people take to give a judge any extra information they’ve asked for
  • How soon the Family Court can look at your case.

If you want to know how long your case may take, talk to your lawyer. If you don’t have a lawyer, visit our legal help and support page to understand where you can find legal help.

Feeling overwhelmed?

There are services available if you need help or support for family violence.

Visit our help page to find specialist family violence support