Urgent protection order applications across greater Durban

Rajesh Hiralall Attorneys Inc.

Variation or setting aside

Can a protection order be changed or cancelled?

Yes, but the change must be made through the court process. Reconciliation, consent or a private agreement does not by itself rewrite the terms of an existing protection order.

Until the court changes it

Work from the existing order

Read the current order carefully and identify exactly what you want varied or set aside.

Private agreement is not enough

If the existing order prohibits contact or attendance at a place, do not deliberately act contrary to it because the other party says it is acceptable. Use the court process to change the order.

What the application should explain

Give the court a precise reason for the change

The question is not whether the parties now prefer different arrangements; it is why the existing judicial order should be altered.

The circumstances have materially changed

Explain what has changed since the order was granted and why the existing terms no longer fit the situation.

Only part of the order needs changing

Identify the exact paragraph or restriction and propose the wording or practical arrangement you want substituted.

The order should be set aside

Explain why the order should no longer remain in force and provide the facts supporting that request.

The request is made by the protected person

The court may need to be satisfied that the request is genuine and not caused by pressure, intimidation or coercion.

Please note. This page provides general information on South African law and does not constitute legal advice. Every matter turns on its own facts. You should consult this firm, or any attorney, before acting on it.

Variation or setting aside

Need an existing order changed?

Send us the current order and explain the change you want. We can advise on the correct application and supporting evidence.

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