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District Court Rules

Schedule: C - Forms in civil proceedings

Form: 59.7 Interim barring order - Domestic Violence Act 2018 section 8
S.I. No. 79 of 2019

No. 59.7


Schedule C

O.59, r. 6(3)

DOMESTIC VIOLENCE ACT 2018

section 8

INTERIM BARRING ORDER


District Court Area of

District No.

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

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

WHEREAS *the applicant above-named of .................... *(or the Child and Family Agency on behalf of the applicant by virtue of section 11 of the above- mentioned Act) has issued a summons for a barring order to be heard at the District Court at ............. on the ...... day of ........... 20 ......; at ...... am./pm.,

AND WHEREAS the Court is satisfied that the summons herein dated the ...... day of ........... 20 ...... *was duly served on the respondent *has not yet been served.

AND HAVING HEARD what was alleged on behalf of the applicant †and on behalf of the respondent.

†AND WHEREAS the Court on the evidence given is of opinion that there is an immediate risk of significant harm to the applicant *and *or any dependent person if this order is not made immediately, and the granting of a protection order would not be sufficient to protect the applicant *and any dependent person.

AND WHEREAS the Court on the *information in writing *Affidavit sworn by the applicant is of opinion that there is an immediate risk of significant harm to the applicant *and *or any dependent person if this order is not made immediately, and the granting of a protection order would not be sufficient to protect the applicant *and any dependent person.

AND WHEREAS the Court, having regard to the circumstances of the particular case, considers it necessary or expedient in the interests of justice, to make this order ex parte *and notwithstanding the fact that the summons required by Order 59, rule 5 of the District Court Rules has not been served.

NOW THE COURT HEREBY DIRECTS YOU, the respondent to leave the place where the applicant *and any dependent person reside(s) at * ............... (in the Court District aforesaid) on being notified of the making of this order,

AND PROHIBITS YOU FROM entering such place until the ...... day of .........., 20 ..... without leave of the Court,

*SAVE AND EXCEPT

*AND FURTHER PROHIBITS YOU from

using or threatening to use violence against *the applicant/*any dependent person; molesting or putting in fear *the applicant/*any dependent person; attending at or in the vicinity of, or watching or besetting a place where the applicant/*any dependent person reside(s); following or communicating (including by electronic means) with the *applicant *any dependent person during the period aforesaid.

TAKE NOTICE THAT THIS ORDER SHALL HAVE EFFECT FOR A PERIOD OF [ ] WORKING DAYS ONLY FROM ITS DATE, that is until the ...... day of ............. 20 ......, unless on application to this Court by the applicant and made on notice to you this order is confirmed within that period.

Application may be made to this Court by you or on your behalf to vary or discharge this order.

There are served on you with this order (or there will as soon as practicable be served on you) a copy of the *information *Affidavit grounding the application for this order *and a note of the evidence given by the Applicant on said application.

*AND THE COURT being satisfied *that there are reasonable grounds for believing that the respondent who was not present in Court when this order was made, will try and evade service of the order *[insert other reason] DIRECTS under section 18(4) of the above Act that this order be served personally on the respondent by a member of An Garda Síochána within the period of …………

Dated this .... day of ..... 20 ......

Signed .........................

Judge of the District Court

To .....................

of ..................., Respondent.


WARNING

A respondent who contravenes this order, or who, while this order is in force refuses to permit the applicant or any dependent person to enter in and remain in the place to which this Order relates or does any act for the purpose of preventing the applicant or such dependent person from so doing commits an offence and may be arrested without warrant by a member of the Garda Síochána, and on conviction shall be liable to a Class B fine, being a fine not exceeding €4,000 or to twelve months imprisonment or to both.

A copy of this order is being sent to Garda Síochána Station at .....................

*Delete where inapplicable

Delete where Order is made ex parte

Delete where Order is made inter partes