I have been served
If you have been served with a domestic violence summons it means that another person is applying to the court for a domestic violence order.
If you have been served with a domestic violence order, it means that another person has already attended court and a domestic violence order has been made by a judge.
In some cases, you might be served with both a domestic violence summons and a domestic violence order at the same time.
The person who has applied to the court is called the applicant. You are called the respondent.
More information on domestic violence >
I have been served with a summons
If you have been served with a summons, it means that another person has applied to the court for a domestic violence order. This person could be a current or former spouse, civil partner, former intimate partner, or the other parent of your child(ren).
It also means you are being commanded to appear in court for the judge to make a decision on the application. The summons will tell you the date, time, and place of the court hearing for the domestic violence application.
You should read the summons and any included documents very carefully. The summons will tell you what the other person is applying for. They may be applying for a:
- Safety Order
- Barring Order
- Both
1) Consider legal advice and support services
Family Law decisions can affect arrangements for your children, maintenance, the family home, money, assets, and pensions.
You might want to get legal advice to better understand these impacts. While the Courts Service cannot advise or represent people in court, we can inform you that services offered by a legal representative should include:
- advising you of your legal rights
- preparing and filing your paperwork
- speaking on your behalf in court
You can decide to represent yourself in your Family Law matter. If you do, you will need to understand court procedures.
More information on legal advice and representation >
More information on support services >
2) Attend the court hearing
The summons will tell you the date and time of the court hearing for the domestic violence order application.
- You must show up in court on the appointed date and time.
- The applicant is expected to attend this hearing.
- Both of you can give evidence. This means you will have to take an oath and give relevant information about the application.
- Cross-examination may take place. This means answering questions from the other person. The judge will decide how this will happen. They may allow questions to be asked personally by the other person, or by a solicitor or barrister only.
At the hearing, the judge may decide to:
- Grant an order and set out its terms and conditions, including how long the order will last.
- Refuse the order, meaning the judge does not grant the order applied for.
- Adjourn the application, postponing a decision to a later date.
- Strike out the application, meaning it is dismissed or cancelled. This can happen if the applicant or their solicitor fails to appear in court. It also cancels any related protective orders such as a Protection Order or Interim Barring Order.
3) After the court hearing
If a court order is granted:
- You and the applicant will receive a copy of the order.
- The court office will send a copy to An Garda Síochána for their records.
It is a criminal offence to breach a domestic violence order. Breaching an order can be punishable by fine, imprisonment, or both.
You have the right to appeal if you are not happy with the decision of the judge. If you wish to appeal, you must file your appeal documents within 14 days of the court hearing.
More information about appealing a District Court Order >
I have been served with an order
Domestic violence orders are protections made by a judge. They come with specific instructions or directions. Some direct a person accused of abusive behaviour to stop further acts or threats. Others direct that person to leave – and stay away from – you, your children, and the home. They may also include other conditions.
There are five types of domestic violence order:
- Protection Order
- Safety Order
- Barring Order
- Interim Barring Order
- Emergency Barring Order
Most applications for orders are made in the District Court, but some may be made in the Circuit Court or High Court, often in connection with cases such as divorce or judicial separation.
More information on domestic violence orders >
If you have been served with a domestic violence order, you are known as the respondent. The person who has been granted the order is known as the applicant.
You should read the order and any other included documents very carefully. The order will explain what you must do and how long it is in place for.
You must obey the court order. Breaching a domestic violence order is a criminal offence and can be punishable by fine, imprisonment, or both.
You have the right to appeal if you are not happy with the decision of the judge:
- Appeals from the District Court must be filed within 14 days of the hearing.
More information about appealing a District Court Order > - Appeals from the Circuit Court must be filed within 10 days of the hearing.
More information about appealing a Circuit Court Order >
You can also apply to the court to vary or discharge the order.
You may want to get legal advice to understand your options.
More information about legal advice and representation >
