Parties in a Protection from Harassment Court (PHC) or Family Court (FC) case may apply to vary, suspend or cancel an order by the court.
Refer to the following table for what each type of application means.
Type of application | What it means |
---|---|
Vary an order | To change the terms of the order. |
Suspend an order | To put the order on hold. |
Cancel an order | To strike off the order and make it invalid. |
How you apply depends on whether your case is under the simplified or standard proceedings.
Refer to the following on how to apply to vary, suspend or cancel an order under the simplified proceedings.
Who can file | Any party in a PHC case. |
Estimated fees | $10. |
How to file | Through the Community Justice and Tribunals System (CJTS). |
You will need to provide the following information:
Log in to CJTS. Under the Online Applications tab, select PHC, then select Application to Vary, Suspend or Cancel Order. For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3366 KB)
You will need to serve a copy of the application on the other party. This means informing them of your application and the court proceeding that they must attend.
You must serve the application within the following timelines:
On every other party to the claim | Serve within 7 days after the date on which the application is filed. |
On any other person on whom the application is directed to be served | Serve within 14 days (or as the court directs) after the date on which the application is filed. |
You can serve in one or more of the following ways if you know the party’s proper address:
Note:
Refer to the following on how to apply to vary, suspend or cancel an order under the standard proceedings.
Who can file | Any party in a PHC case. |
Estimated fees | Refer to this table for the list of fees. |
How to file | Through eLitigation. |
What you will need depends on the type of order you are applying to vary, suspend or cancel:
Type of order | Documents needed |
---|---|
Protection order |
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False statement order |
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Mandatory treatment order |
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You need to explain your reason for applying in the documents.
Note: You need to swear or affirm the affidavit before a Commissioner for Oaths (CFO). This will cost at least $10 at the State Courts Service Hub, with additional fees for exhibits.
The estimated fees include:
Item or service | Fees |
---|---|
File the summons | $10 |
File the supporting affidavit |
|
Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.
You may choose to file personally or through a lawyer. If you are represented by a lawyer, the application will be filed by your lawyer.
If you are not represented by a lawyer, follow these steps to file and serve the application.
Step | Result |
---|---|
1. File the application | Your application is filed with the PHC. |
2. Collect the endorsed documents | You receive a copy of the application documents that have been endorsed by the PHC. |
3. Serve the application on the other party | You inform the other party of your application. |
You must file your prepared documents through eLitigation. Visit the LawNet & CrimsonLogic Service Bureau to file in person.
The Service Bureau will notify you via email or SMS of the outcome of your application.
If the court accepts your application documents, you will be asked to return to the Service Bureau to collect an endorsed version of the documents. This will include the date and time of a hearing that you and the other party must attend.
When: within 7 days after the date on which the application is filed
You will need to serve a copy of the endorsed documents on the other party. This means informing them of your application and the court proceeding that they must attend.
You can serve in one or more of the following ways if you know the party’s proper address:
Note:
What you will need to file depends on the type of order your are applying to vary, suspend, or cancel:
Protection Order / Expedited Protection Order |
|
False Statement Order / Interim False Statement Order |
|
Mandatory Treatment Order |
|
You must serve your application within the following timelines:
On every other party to the claim | Serve within 7 days after the date on which the application is filed. |
On any other person on whom the application is directed to be served | Serve within 14 days (or as the court directs) after the date on which the application is filed. |
You can serve in one or more of the following ways if you know the party’s proper address:
Note:
You should bring all evidence that supports your application to the scheduled hearing.
You must attend the hearing. If you are absent, the application may be dismissed and you may be unable to file any further applications to vary, suspend or cancel the PHC or FC order.
The court will decide whether to allow or dismiss the application.
If your application is dismissed, there will be no change to the original court order.
If your application is allowed, the court may vary, suspend or cancel the order, depending on your request.
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreRefer to the Family Justice Courts Practice Directions 2024 as well as Appendix D for proceedings that are governed by the Family Justice (Protection from Harassment) Rules 2024.