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District Court Rules

Schedule: C - Forms in civil proceedings

Form: 59.1 Summons for a safety order - Domestic Violence Act 2018 section 6(2)

S. I. No. 79 of 2019
No. 59.1

DOMESTIC VIOLENCE ACT 2018, section 6(2)

SUMMONS FOR A SAFETY ORDER


Schedule C

O.59, r.4(1)

District Court Area of

District No.

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

……......... Respondent

YOU ARE HEREBY REQUIRED to appear at the sitting of the District Court to be held at ............. on the ........ day of ........... 20 ....., at .....m. to answer the application of the *applicant *(or the Child and Family Agency on behalf of the applicant by virtue of section 11 of the above-mentioned Act) who is

*the spouse (within the meaning of section 2 of the 2018 Act) of the respondent

*the civil partner (within the meaning of section 2 of the 2018 Act) of the respondent

*not the spouse or civil partner of the respondent and is not related to the respondent within a prohibited degrees of relationship, but was in an intimate relationship with the respondent prior to this application

*a parent of the respondent and the respondent being of full age and not, in relation to the parent, a dependent person

*of full age and residing with the respondent in a relationship which is not primarily contractual

*a parent of a child whose other parent is the respondent

and who resides at .............. *(in the Court District aforesaid) for a safety order prohibiting you from using or threatening to use violence against, molest or put in fear the *applicant *or any dependent person(s); * watching or besetting the place where the applicant *and that dependent person(s) reside(s) *and following or communicating (including by electronic means) with the applicant

*and that dependent person(s).

[Set out any additional orders sought under section 11 of the Guardianship of Infants Act 1964; section 5, 5A, 5B, 6, 7 or 21A of the Family Law (Maintenance of Spouses and Children) Act 1976; section 9 of the Family Home Protection Act 1976; the Child Care Act 1991 or section 45 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.]

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

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

Judge of the District Court/District Court Clerk

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

of ...............

Respondent


*WARNING

*IT IS AN OFFENCE under section 9 of the Family Home Protection Act 1976, as applied by section 13 of the Domestic Violence Act 2018, for a spouse to DISPOSE OF OR REMOVE ANY OF THE HOUSEHOLD CHATTELS

pending the determination of the application herein, and if a safety order is made, while that order is in force (unless the other spouse consents or the Court permits it). A spouse who contravenes that provision shall be liable on conviction to a Class D fine, being a fine not exceeding €1,000 or to imprisonment for a term not exceeding six months, or to both.

*IT IS AN OFFENCE under section 34 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, as applied by section 14 of the Domestic Violence Act 2018, for a civil partner to DISPOSE OF OR REMOVE ANY OF THE HOUSEHOLD CHATTELS in the shared home pending the determination of the application herein, and if a safety order is made, while that order is in force (unless the other civil partner consents or the Court permits it). A civil partner who contravenes that provision shall be liable on conviction to a Class D fine, being a fine not exceeding €1,000 or to imprisonment for a term not exceeding six months, or to both.

*Delete where inapplicable