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District Court Rules

Schedule: C - Forms in civil proceedings

Form: 59.4 Barring order - Domestic Violence Act, 1996
S. I. No. 39 of 2012

Schedule C

O.59, r. 5(2)


NO. 59.4

DOMESTICE VIOLENCE ACT 1996

section 3

BARRING ORDER


District Court Area of

District No.

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

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

THE APPLICATION of *the above-named applicant *(of the Health Service Executive on behalf of the applicant by virtue of section 6 of the above mentioned Act) for a barring order against the above-named respondent pursuant to the provisions of section 3 of the above Act coming, by summons duly served, before the Court this day, and the Court on the evidence given being satisfied that the applicant, *and any dependent person(s) reside(s) for the purpose of the section at ............... *(in the Court District aforesaid) and being of opinion that there are reasonable grounds for believing that the *safety/welfare of the applicant *and/*any dependent person(s) requires the making of this order,

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

AND PROHIBITS YOU FROM entering that 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 resides during the period aforesaid.

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 shall be liable on conviction 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 the Garda Síochána station at ..............

*IT IS AN OFFENCE under section 9 of the Family Home Protection Act, 1976, as applied by section 8 of the Domestic Violence Act 1996, for a spouse to DISPOSE OF OR REMOVE ANY OF THE HOUSEHOLD CHATTELS while this order is in force unless the other spouse consents or the Court on application 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.

*Delete where inapplicable