Revocation of Interim Measures Decision

Q: When can I apply for the revocation of an interim measures decision?

Revocation may be obtained where there is an urgent case or imminent danger and new factual circumstances have arisen after the issuance of the decision. The application is filed before the same court that issued the original decision, up until the hearing of the main lawsuit. In family law cases, the change of circumstances must be material and place the interests of the applicant or of the children in immediate danger. A change in case-law, new evidence, or errors in the decision are not in themselves new circumstances.

Q: What documents and evidence do I need for the application?

The original decision is required, together with any document evidencing the change. In alimony cases, tax assessments, salary certificates, dismissal documents, and medical opinions are needed. In custody or contact cases, messages, witnesses, social workers' reports, and psychological assessments are used. In commercial disputes, financial data, contracts, and more recent court rulings are submitted. All documents must prove circumstances arising after the original hearing.

Q: What are my chances that the revocation will be granted?

The chances depend on the gravity and weight of the change of circumstances. Where the new circumstances are specific, well-documented, and directly related to the conditions of the original decision, the court more readily reconsiders. If they merely repeat rejected arguments or rest only on new evidence that could have been produced initially, the application is generally dismissed. In cases involving children, the best interests of the child carry particular weight.

Q: What is the role of the lawyer in the revocation procedure?

The lawyer assesses whether the new circumstances meet the statutory conditions, drafts the pleading, highlights the imminent danger, files a request for a temporary restraining order where needed, gathers evidence, and prepares witnesses. The lawyer represents the client at the hearing, files a memorandum, and refutes the opposing party's submissions. The firm's experience in interim measures relating to family, property, and online disputes ensures an effective approach.

The revocation of a decision granting interim measures or of a temporary restraining order may be obtained where there is an urgent case or imminent danger, which must be set out in the pleading of the application. The decision that ordered the interim measures is subject to revocation, before the same court that issued it, until the hearing of the lawsuit concerning the main case, provided that new factual circumstances have arisen which justify the revocation.

Accordingly, the conditions for filing an application for revocation of an interim measures decision are: a) it must be filed before the hearing of the main lawsuit; b) between the issuance of the decision and the filing of the application, there must have been a change of circumstances such as to justify a fresh assessment of the case, or the party must have been unable to put forward those circumstances at the hearing of the main application; and c) the decision must be one that granted an interim measure. A change in case-law, new evidence, and any errors in the decision do not constitute new circumstances.

In particular, in family law cases, revocation or amendment of interim measures (e.g. change of children’s place of residence, alimony, custody of children, or relocation from the family home) requires a change of circumstances, that is, the existence of new facts, which must not only be material but must also place the interests of the applicant or of the children in immediate danger.

Examples of changes of circumstances arising after the hearing of the interim measures include the following:

friction between the parties in front of the children,
the issuance of another court ruling,
health problems,
dismissal, hiring or promotion of an employed parent,
a decrease or increase in the assets of the obligor,
non-compliance with parent-child contact obligations,
breach of a court ruling, and so on.

See also the article Interim Measures
See also the article Interim Measures for Real Estate
See also the article Interim Measures for Possession
See also the article Interim Measures in Family Disputes
See also the article Interim Measures for Harassment – Fake Instagram/Facebook Accounts
See also the article Interim Measures against Facebook/Twitter/Instagram
See also the article on Interim Measures – Relocation from the Family Home
See also the article on Interim Measures – Joint Custody of a Child
See also the article on Interim Measures – Custody and Child Abduction
See also the article on Interim Measures – Change of City for Minor Children

FREQUENTLY ASKED QUESTIONS ON THE REVOCATION OF AN INTERIM MEASURES DECISION OR TEMPORARY RESTRAINING ORDER

1. When can I apply for the revocation of an interim measures decision?

The revocation of an interim measures decision or temporary restraining order may be obtained where there is an urgent case or imminent danger and new factual circumstances have arisen after the issuance of the decision. The application is filed before the same court that issued the original decision, up until the hearing of the main lawsuit. In family law cases, such as a change of children’s place of residence, alimony, custody, or relocation from the family home, the change of circumstances must be material and place the interests of the applicant or of the children in immediate danger. A change in case-law, new evidence, or errors in the decision are not in themselves new circumstances justifying revocation.

2. What can I do if circumstances changed after the decision?

Where new circumstances arise that materially alter the situation, an application for revocation or amendment is filed before the same court that issued the previous decision. Examples of such changes include the dismissal, hiring or promotion of an employed parent, a decrease or increase in the assets of the party liable to pay alimony, serious health problems, friction in front of the children, non-compliance with contact arrangements, or the issuance of another court ruling that affects the case. In urgent situations, alongside the application for revocation, a new temporary restraining order is also requested for the immediate regulation of the situation pending the hearing.

3. How long does it take for an application for revocation to be heard?

The time taken depends on the workload of the competent court and the urgency of the case. As a rule, the hearing is scheduled within a few weeks to two or three months from the filing of the application. Where there is imminent danger, a temporary restraining order is requested, which is examined immediately, usually on the next day or within the following days, and remains in force until the hearing of the main application for revocation. The decision on the revocation is normally issued within one to three months after the hearing. The time-limit for filing is not strictly defined in calendar terms but expires once the main lawsuit of the case is heard.

4. What documents and evidence do I need for the application?

You will need the original interim measures decision or temporary restraining order whose revocation is being sought, as well as any document evidencing the change of circumstances. In alimony cases, tax assessments, salary certificates, dismissal or hiring documents, and medical opinions are required. In custody or contact cases, messages, witnesses, social workers’ reports, police reports, and psychological assessments are used. In commercial or property disputes, financial data, contracts, bank statements, and any subsequent court ruling related to the case are submitted. All documents must prove circumstances arising after the original hearing.

5. What are my chances that the revocation will be granted?

The chances depend chiefly on the gravity and weight of the change of circumstances. Where the new circumstances are specific, well-documented, and directly related to the conditions of the original decision, the court more readily reconsiders the case. Conversely, if the circumstances put forward merely repeat arguments that have already been rejected, or rest only on a different legal assessment or on new evidence that could have been produced initially, the application is generally dismissed. In cases involving children, the best interests of the child carry particular weight. The proper drafting of the pleading and the correct presentation of the change are decisive.

6. What is the role of the lawyer in the revocation procedure?

The lawyer of our firm first assesses whether the new circumstances meet the strict statutory conditions and distinguishes a change of circumstances from a mere disagreement with the original decision. The lawyer then drafts the pleading for the application for revocation, highlighting its urgent character and the imminent danger, files the request for a temporary restraining order where required, gathers the evidence, and prepares the witnesses. The lawyer represents the client at the hearing, files a memorandum, and refutes the opposing party’s submissions. The firm’s experience in interim measures relating to family, property, and online disputes ensures a targeted and effective approach to every case.