If you already have a civil restraining order you can apply to have the terms of your order changed or cancelled. This is known as varying or discharging an order. This can include things like changes of address or changing how far a person must stay away.
Changing or cancelling your civil restraining order
To make any changes to the terms of your civil restraining order you will have to make an application in the court office. In your application you must provide details about why you are requesting to change or cancel to your civil restraining order. For example, a change of address or an agreement between you and the other side.
Once you have made the application and paid the €15 application fee, the office will issue the Summons to Vary/Discharge your civil restraining order. You and the respondent will be served with a copy of the summons which will include a date and time for your hearing. You attend court on the appointed date and time. The respondent is also expected to attend this hearing.
Both of you can give evidence to the court. This means you will have to take an oath or affirmation and give relevant information about the application. Cross-examination may take place, the judge will decide how this will happen. They may only allow questions to be asked by a solicitor or barrister, in some situations they may allow questions be asked personally by you or the other side.
If your request is granted, you and the other side will be given amended orders and the court office will send a copy to the relevant Garda station(s).
Going to court can be a stressful experience, please see our preparing for Civil Law court pages for more information on how to prepare.
Your civil restraining order is about to expire
A civil restraining order is not automatically renewed. If you still need protection, you must apply for a new civil restraining order before the old one expires. Please see our how to apply for a civil restraining order page for information on how to make your application.
Please contact your relevant court office at least two months before the date of expiry on your order to allow enough time to make a new application.
