If your circumstances change, you can apply to the Court to vary a Domestic Violence Order (also called a DVO or Protection Order). Alternatively, you may find yourself defending an Application to vary a Domestic Violence Order. The Application may add conditions or seek to remove conditions to a current Order.

An Application to vary a Domestic Violence Order will need to clearly and concisely state why the Application is being made and what variations are being sought. The Application must be filed in the appropriate form and needs to be served on the responding person.

A Court may only vary the order only if the court considers that the safety, protection or wellbeing of the aggrieved person will not be adversely affected. The Court will take into account:-

• Any expressed wishes of the aggrieved person; and
• Any current contact between the aggrieved person and the respondent;
• The findings of the Court that made the domestic violence order;
• Whether a voluntary intervention order has previously been made and whether the respondent has complied with it; and
• Whether the police commissioner has been given a copy of the Application for variation (a Court must not vary an order if the police commissioner has not been given a copy).
• On the first return date, the Court will need to consider whether a Temporary Domestic Violence Order should be made until the final hearing.

Any variation to a Domestic Violence Order or the making of a Temporary Domestic Violence Order, can have a significant impact on you. Getting the right legal advice helps you to ensure your position is put before the Court and any variations that are made are fair and just.