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District Court Rules

Schedule: C - Forms in civil proceedings

Form: 59.5 Notice of motion for an interim barring order - Domestic Violence Act 2018 section 8
S.I. No. 79 of 2019

No. 59.5

DOMESTIC VIOLENCE ACT 2018, section 8

NOTICE OF MOTION FOR AN INTERIM BARRING ORDER


Schedule C

O.59, r. 6(1)(i)

District Court Area of

District No.

Record number:

.............. Applicant

.............. Respondent

A summons for a barring order has been issued against you the above-named respondent of …………………….in court *(area and) district aforesaid *(and is due to be heard at .............. on the …..day of ……… 20…)

TAKE NOTICE that Applicant in the above proceedings will apply to the District Court sitting at........ on the ...... day of ........ 20.... at ........ a.m./p.m. (the “return date”) for an interim barring order against you under section 8(1) of the Domestic Violence Act 2018

†directing you, to leave ……………….., the place where *the applicant

*a dependent person, namely ……….., resides

prohibiting you from entering ………………….., the place where *the applicant * a dependent person, namely ……….., resides until further order of the Court or until such other time as the Court shall specify

*prohibiting you from using or threatening to use violence against, molesting or putting in fear, *the applicant * the said dependent person

*prohibiting you from attending at or in the vicinity of, or watching or besetting, the said place where *the applicant *the said dependent person resides

*prohibiting you from following or communicating (including by electronic means) with *the applicant *the said dependent person.

on the grounds that:

(a) there is an immediate risk of significant harm to *the applicant *the said dependent person, and

(b) the making of a protection order would not be sufficient to protect *the applicant *the said dependent person

*This application will be supported by the *affidavit of ……… sworn on the

...... day of ........ 20.... *information of ........

Signed:........

*(Solicitor for) applicant

To........

of........

*(Solicitor for the) respondent

And to District Court Clerk at ........

This notice of motion was filed at........ on the ...... day of ........ 20.... with ........ the District Court Clerk assigned to the above Court area and district and issued returnable to the return date given above.

*Delete where inapplicable

†This order may only be sought if the respondent is residing at the place where the applicant or the dependent person resides