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District Court Rules

Order: 59

Domestic violence : S.I. No. 79 of 2019

Definitions
1. In this Order-

      the “2018 Act” means the Domestic Violence Act 2018 (No. 6 of 2018);

      “Agency” means the Child and Family Agency, and unless the context otherwise requires, words and phrases used in this Order which are defined in section 2 of the 2018 Act have the same meaning as in the 2018 Act.

Venue
2. Proceedings under this Order may be brought, heard and determined before:
      (i) a sitting of the District Court for the Court District in which the applicant resides or is treated by the Court in accordance with section 22(2) of the 2018 Act as residing or, if the application is for a barring order or an emergency barring order, where there is situate the place in relation to which that application is made, or

      (ii) a special sitting of the District Court arranged in accordance with section 24(3) of the 2018 Act.

Hearing otherwise than in public
3. Proceedings under the 2018 Act must, subject to section 23 of the 2018 Act, be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8, rule 2) and such other persons as the Judge in the exercise of his or her discretion allows, may be permitted to be present at the hearing.

Safety Order
4. (1) An application to the Court under section 6 of the 2018 Act for a safety order must be preceded by the issue and service upon the respondent of a summons in the Form 59.1, Schedule C.

(2) An order of the Court granting the application may be in the Form 59.2, Schedule C.

Barring Order
5. (1) An application to the Court under section 7 of the 2018 Act for a barring order must be preceded by the issue and service upon the respondent of a summons in the Form 59.3, Schedule C.

(2) An order of the Court granting the application may be in the Form 59.4, Schedule C.

Interim barring order
6. (1) When a summons for a barring order has been issued, an application to the Court under section 8(1) of the 2018 Act for an interim barring order (save where made in the course of the hearing of an application for a barring order):

      (i) may be made by motion on notice in the Form 59.5, Schedule C, to the respondent (such notice and a copy of the grounding affidavit or information to be served on the respondent at least two clear days before the hearing) and grounded on an affidavit sworn by the applicant, or on information on oath and in writing sworn by the applicant in the Form 59.6, Schedule C; or

      (ii) where, having regard to the circumstances of the particular case, the Court considers it necessary or expedient in the interests of justice, may be made ex parte grounded on an affidavit sworn by the applicant, or on information on oath and in writing sworn by the Applicant in the Form 59.6, Schedule C.

(2) An interim barring order may be made ex parte notwithstanding the fact that the summons required by rule 5 has not been served.

(3) An order of the Court granting the application may be in the Form 59.7, Schedule C.

(4) In any case under this rule, the Court may hear evidence viva voce and on oath.

Emergency Barring Order
7. (1) An application to the Court under section 9(3) of the 2018 Act for an emergency barring order must, subject to sub-rule (3), be preceded by the issue and service upon the respondent of a summons in the Form 59.17, Schedule C.

(2) An application to the Court under section 9 of the 2018 Act for an emergency barring order:

      (i) may be made on the date on which the summons has been listed for hearing (provided the summons has been served on the respondent at least two clear days before the hearing) and grounded on an affidavit sworn by the applicant, or on information on oath and in writing sworn by the applicant in the Form 59.18, Schedule C; or

      (ii) may, where the Court considers it necessary or expedient in the interests of justice having regard to the circumstances of the particular case, be made ex parte grounded on an affidavit sworn by the applicant, or on information on oath and in writing sworn by the Applicant in the Form 59.18, Schedule C.

(3) An emergency barring order may be made ex parte notwithstanding the fact that the summons required by sub-rule (1) has not been served.

(4) An order of the Court granting the application may be in the Form 59.19, Schedule C.

(5) In any case under this rule, the Court may hear evidence viva voce and on oath.

Protection Order
8. (1) An application to the Court of the 2018 Act for a protection order under section 10(1) (save where made in the course of the hearing of an application for a safety order or a barring order):

      (i) may be made by motion on notice to the respondent (such notice to be served on the respondent at least two clear days before the hearing) and in such case may be grounded on the evidence of the applicant viva voce and on oath; or

      (ii) where, having regard to the circumstances of the particular case, the Court considers it necessary or expedient in the interests of justice, may be made ex parte grounded on an affidavit sworn by the applicant, or on information on oath and in writing sworn by the applicant in the Form 59.8, Schedule C.

(2) An order of the Court granting a protection order may be in the Form 59.9, Schedule C.

Vary Safety/ Barring/ Interim Barring/ Emergency Barring Order/ Protection Order
9. (1) An application to the Court under section 6(8) to vary a safety order, section 7(12) to vary a barring order, section 8(7) to vary an interim barring order, section 9(8) to vary an emergency barring order or section 10(4) to vary a protection order, must be preceded by the issue and service of a summons in the Form 59.10, Schedule C.

(2) An order of the Court granting the application may be in the Form 59.11, Schedule C.

Discharge Safety/Barring/ Interim Barring / Emergency Barring/ Protection Order
10. (1) An application to the Court under section 21 of the 2018 Act for the discharge of a safety order, a barring order, an interim barring order, an emergency barring order or a protection order must be preceded by the issue and service of a summons in the Form 59.12, Schedule C.

(2) An order of the Court granting the application may be in the Form 59.13, Schedule C.

Clerk to supply copies of orders
11. (1) Where the Court makes, varies or discharges a safety order or a protection order, the Clerk must, in accordance with section 19(1) of the 2018 Act, give or send a certified copy of the order in question as soon as practicable:

      (a) to the applicant for the safety order or, in respect of a protection order, the applicant for the safety order or barring order concerned,

      (b) to the respondent to the application for the safety order or in respect of a protection order, the respondent to the application for the safety order or barring order concerned,

      (c) where the Agency by virtue of section 11 of the 2018 Act made the application for the safety order or, in respect of a protection order, for the safety order or barring order, to the Agency,

by ordinary prepaid post, and
      (d) to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the person for whose benefit the safety order or protection order was made resides, and

      (e) where the order in question is a variation or discharge of a safety order or a protection order and the person for whose benefit the order was made had previously resided elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which that person had so resided but only if that member had previously been sent under this rule a copy of such safety order or protection order or any order relating thereto,

by prepaid registered post or, where so agreed with the member of the Garda Síochána concerned, by electronic mail.

(2) Where the Court makes, varies or discharges a barring order or an interim barring order, the Clerk must, in accordance with section 19(2) of the 2018 Act, give or send a certified copy of the order in question as soon as practicable:

      (a) to the applicant for the barring order,

      (b) to the respondent to the application for the barring order,

      (c) where the Agency by virtue of section 11 of the 2018 Act made the application for the barring order concerned, to the Agency,

by ordinary prepaid post, and
      (d) to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situate the place in relation to which the application for the barring order was made, and

      (e) where the order in question is a variation or discharge of a barring order or an interim barring order and the place in respect of which the previous order was made is elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situated that place but only if that member had previously been sent under this rule a copy of such barring order or interim barring order or any order relating thereto,

by prepaid registered post or, where so agreed with the member of the Garda Síochána concerned, by electronic mail.

(3) Where the Court makes, varies or discharges an emergency barring order, the Clerk must in accordance with section 19(3) of the 2018 Act, give or send a certified copy of the order as soon as practicable:

      (a) to the applicant for the emergency barring order,

      (b) to the respondent to the application for the emergency barring order,

      (c) where the Agency by virtue of section 11 of the 2018 Act made the application for the emergency barring order concerned, to the Agency,

by ordinary prepaid post, and
      (d) to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situate the place in relation to which the application for the emergency barring order was made, and

      (e) where the order in question is a variation or discharge of an emergency barring order and the place in respect of which the previous order was made is elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situated that place but only if that member had previously been sent under this Rule a copy of such emergency barring order or any order relating thereto,

by prepaid registered post or, where so agreed with the member of the Garda Síochána concerned, by electronic mail.

Clerk to notify Gardaí when Protection Order/Interim Barring Order/Emergency Barring Order ceases to have effect
12. (1) Where a protection order has been made and:

      (i) the application for a safety order or a barring order has been determined, or

      (ii) the protection order is discharged before the application for a safety order or a barring order has been determined

the Clerk must send notice in the Form 59.14, Schedule C that the protection order has ceased to have effect, by prepaid registered post or, where so agreed with the member of the Garda Síochána concerned, by electronic mail, to the member of the Garda Síochána referred to in rule 11(1)(d) or (e), as the case may be.

(2) Where an interim barring order has been made and the interim barring order has ceased to have effect otherwise than by expiry of the time for which the order is stated on its face to be in force, the Clerk must send notice in the Form 59.14, Schedule C that the interim barring order has ceased to have effect, by prepaid registered post or, where so agreed with the member of the Garda Síochána concerned, by electronic mail, to the member of the Garda Síochána referred to in Rule 11(2)(d) or (e), as the case may be.

(3) Where an emergency barring order has been made and the emergency barring order has ceased to have effect otherwise than by expiry of the time for which the order is stated on its face to be in force, the Clerk must send notice in the Form 59.14, Schedule C that the emergency barring order has ceased to have effect, by prepaid registered post or, where so agreed with the member of the Garda Síochána concerned, by electronic mail, to the member of the Garda Síochána referred to in rule 11(3)(d) or (e), as the case may be.

Service
13. (1) A summons issued under this Order must be served by the Clerk by prepaid ordinary post upon the person to whom it is directed at least seven days before the date fixed for the hearing of the application. Where, however, the Clerk, having consulted the Judge for the time being assigned to the Court District in which the summons is being issued, otherwise certifies on the summons that the proceedings are urgent, the summons may be served at least two days before the date fixed for the hearing.

(2) The Clerk must endorse on the original of every such summons served the date and place of posting of the envelope containing the copy summons for service and the party to whom the envelope was posted (or such other particulars of service as are appropriate to the case) and that endorsement shall be prima facie evidence of such service.

(3) The summons shall be deemed to be issued when it has been signed by the Judge or the Clerk. It shall be deemed to be served at the time at

which the said envelope would be delivered in the ordinary course of post.

(4) Without prejudice to the power of the Court to give such a direction of its own motion, a request for a direction under section 18(4) of the 2018 Act may be made viva voce at the time the order is made or if made subsequently may be made ex parte at any sitting of the Court for the Court District.

(5) The Court may, for the purpose of ensuring the expeditious hearing of applications under the 2018 Act in accordance with section 31 of the 2018 Act, direct or deem sufficient service of a document under the 2018 Act by other means, including by electronic mail, where it is satisfied that such service is likely to bring, or has brought, the document to the attention of the person to be served.

Effect of appeal from orders
14. (1) In accordance with section 20 of the 2018 Act, notwithstanding the provisions of Order 25, r.9(4) and Order 101 and that an appellant has entered into a recognisance for appeal:

      (a) an appeal from a safety order or a barring order shall, if the Court or the Circuit Court so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination;

      (b) an appeal from a protection order, an interim barring order or an emergency barring order shall not stay the operation of the order.

(2) An application to the Court to stay the operation of a safety order or a barring order under the terms of section 20 of the 2018 Act, may be made following the service and lodgment of a notice of appeal and lodgment of the recognisance for appeal and when made otherwise than upon the occasion of the making of those orders must be preceded by the issue of a notice in the Form 59.15, Schedule C which must be served upon the respondent to the application two days before the hearing of the application.

(3) Where the Court grants a stay on the operation of a safety order or a barring order under this rule, and the Clerk has supplied the copies of the orders as directed by rule 11, the Clerk must send notification of the granting of the stay in the Form 59.16, Schedule C to the same persons and in the manner directed by rule 11.