S.I. No. 201/1998:

DISTRICT COURT (DOMESTIC VIOLENCE) RULES, 1998.

DISTRICT COURT (DOMESTIC VIOLENCE) RULES, 1998.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following Rules of Court:--

1. These Rules may be cited as the District Court (Domestic Violence) Rules, 1998.

2. These Rules shall come into operation on the 26th day of June, 1998, and shall be read together with all other District Court Rules for the time being in force.

3. The form No. 59.6 in Schedule 1 to these Rules is hereby substituted for the form at the same reference number in Schedule C to the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

SCHEDULE 1

Schedule C

0.59,r.6

No. 59.6

DOMESTIC VIOLENCE ACT, 1996

section 4

INTERIM BARRING ORDER

WHEREAS *the applicant above named of ............................... *(or the Health Board on behalf of the applicant by virtue of section 6 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 ...... 19....., at ..... a.m./p.m., *the court, in this exceptional case, considers it necessary or expedient in the interests of justice to make this order ex parte or notwithstanding the fact that the summons required by Rule 5 hereof has not been served.

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.

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 ......., 19..... 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)

during the period aforesaid.

*Delete where inapplicable.

Dated this ......... day of ........., 19

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 may be arrested without warrant by a member of the Garda Síochána, and on conviction for such an offence may be fined £1,500 or be sentenced to twelve months imprisonment or be both fined and imprisoned.

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

GIVEN this 23rd day of February, 1998.

I concur in the making of the foregoing Rules.

Dated this 15th day of June, 1998.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

These Rules, which come into effect on 26th June, 1998, prescribe an amended form of interim barring order.