S.I. No. 246/1981 - District Court [Family Law (Protection of Spouses and Children) Act, 1981] Rules, 1981

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 , and 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, make the following Rules of Court:—

1. These Rules may be cited as the District Court [Family Law (Protection of Spouses and Children) Act, 1981] Rules, 1981.

2. These Rules shall come into operation on the 23rd day of July, 1981, and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules:—

“the Act” means the Family Law (Protection of Spouses and Children) Act, 1981 (No. 21 of 1981).

“Form” means a form set out in the Schedule of Forms or such modification thereof as may be suitable.

4. Proceedings initiated in the District Court under section 22 of the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976), which are not completed before the coming into operation of these Rules shall be continued and completed in accordance with these Rules.

5. Proceedings under the Act shall be heard otherwise than in public, and only the parties, their legal representatives and witnesses shall be permitted to be present.

6. Application under the Act for a barring order shall be by summons in the Form 1 and may be made at any sitting of the Court for the district court district where the applicant spouse resides or where there is situate the place in relation to which the barring order is sought.

7. Where a summons applying for a barring order has been issued but the application has not been determined, the applicant spouse may apply ex parte for a protection order at any sitting of the Court in the district court district within which the summons was issued.

8. Application for a protection order, save where made in the course of the hearing of an application for a barring order, shall be by information in the Form 2.

9. An application to discharge a barring order or a protection order or to vary a barring order shall be made at a sitting of the Court for the district court area where such order was made.

10. Application to discharge a barring order or a protection order shall be by summons in the Form 3; application to vary a barring order shall be by summons in the Form 4.

11. A summons issued under these Rules shall be served by the district court clerk on the person to whom it is directed at least seven clear days before the date fixed for the hearing thereof. Service may be effected by prepaid ordinary post and the summons shall be deemed to be served upon such person at the time at which the envelope containing the copy of the summons for service would be delivered in the ordinary course of post. Such summons shall be deemed to be issued when it has been signed by a justice or by a district court clerk.

12. The district court clerk shall indorse on every summons the time, date and place of posting of the envelope containing the copy for service, and such indorsement shall be prima facie evidence of service.

13. Where the Court makes, varies or discharges a barring order, the district court clerk shall give a certified copy of the order so made or so varying or discharging to the spouse seeking the same, and shall give, or send by prepaid ordinary post, a certified copy to the other spouse and shall send by prepaid registered post a certified copy 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.

14. Where the Court makes or discharges a protection order, the district court clerk shall give a certified copy of the order so made or so discharging to the spouse seeking the same, and shall give, or send by prepaid ordinary post, a certified copy to the other spouse, and shall send by prepaid registered post a certified copy to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situate the place where the applicant spouse resides.

15. Where a protection order has been made and the application for a barring order is subsequently refused, the district court clerk shall send notice in the Form 5 that the protection order has ceased to have effect by prepaid registered post to the member of the Garda Síochána referred to in Rule 14.

16. A barring order, a protection order, an order discharging and a variation order shall be in the Form 6, 7, 8 or 9 as the case may be.

17. Rules 36, 37, 38 and 39 of the District Court [Family Law (Maintenance of Spouses and Children) Act, 1976] Rules, 1976 ( S.I. No. 96 of 1976 ), and Forms 33, 34, 35, 36, 37 and 38 contained therein are hereby annulled.

SCHEDULE OF FORMS.

General heading to be used on all Forms:—

FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981.

section 2

SUMMONS FOR A BARRING ORDER

____________________________________________________Applicant

____________________________________________________Respondent

YOU ARE HEREBY REQUIRED to appear at the District Court at                 on the          day of                    19 at          .m. to answer

the application of your spouse, the above-named applicant, residing at

* (in the court district aforesaid)

for an order of the Court directing you to leave the family home at

* (in the court district aforesaid)

and prohibiting you from entering that family home until the Court so orders, on the ground that the safety or welfare of your spouse * and/or * a child/children so requires.

Dated this    day of                           19 .

To

of

Respondent

FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981.

section 3 (1).

INFORMATION.

____________________________________________________Applicant

____________________________________________________Respondent

The information of the above-named applicant of

who says on oath:— On the

day     of                                   19          I   caused   a   summons   for

Court on the               day of              19     to be issued against my spouse, the respondent, applying pursuant to the provisions of section 2 of the above Act for a barring order in respect of the family home at                                                                , I now request a protection order against the respondent pursuant to the provisions of section 3 of the Act on the grounds:

Sworn before me this    day of                           19 .

FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981.

section 11.

____________________________________________________Applicant

____________________________________________________Respondent

YOU ARE HEREBY REQUIRED to appear at the District Court at

on the          day of                         

19     at          .m. to answer the application of the above-named * applicant/respondent of                                                                for the discharge of the * BARRING ORDER/PROTECTION ORDER made on the        day of                19      at the said Court on the ground that the safety or welfare of the spouse * and/or * child/children for whose protection the order was made does not require that the order should continue in force.

Dated this    day of                           19 .

To

of

* Applicant/Respondent

FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981.

section 2 (3)

SUMMONS TO VARY A BARRING ORDER.

District Court Area of District No.

____________________________________________________Applicant

____________________________________________________Respondent

YOU ARE HEREBY REQUIRED to appear at the District Court at

on the           day of

19     at         .m. to answer the application of the * applicant/respondent to have the BARRING ORDER made on the          day of                                                           19    , at the said District Court VARIED as follows:

Dated this    day of                           19 .

To

of

* Applicant/Respondent

FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981.

____________________________________________________Applicant

of  __________________________________________________

____________________________________________________Respondent

of  __________________________________________________

TAKE NOTICE that the protection order made in the above matter on the        day of                                    19  , has now ceased to have effect.

Dated this      day of                     19  .

_________________________________

District Court Clerk.

To the member in charge of the Garda Síochána station at

FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981.

section 2

BARRING ORDER.

____________________________________________________Applicant

____________________________________________________Respondent

THE APPLICATION of the above-named applicant of

* (in the court district aforesaid)

for a barring order against the above-named respondent pursuant to the provisions of section 2(1) 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/or* child/children reside(s) for the purpose of the section at the family home 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, or * child/children so requires,

NOW THE COURT HEREBY

DIRECTS YOU, the respondent, to leave the family home at on being notified of the making of this order,

AND PROHIBITS YOU FROM entering that family home 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, molesting or putting in fear the applicant * and/or any such child during the period aforesaid.

Dated this     day of                     19 .

To

of

Respondent

WARNING

A person who disobeys this order may be arrested without warrant by a member of the Garda Síochána, and on conviction for a first offence, may be fined £200 or sentenced to six months imprisonment, or be both fined and imprisoned.

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

FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981.

section 3

PROTECTION ORDER

____________________________________________________Applicant

____________________________________________________Respondent

THE COURT HEREBY ORDERS that the above-named respondent shall not use or threaten to use violence against, molest or put in fear the above-named applicant or any child, the applicant who resides at

* (in the court district aforesaid)

having caused a summons to issue for the Court at                    on the       day of                    19   at         .m. pursuant to the provisions of section 2 of the above Act applying for a barring order against the respondent in respect of the family home at

* (in the court district aforesaid)

which application has not been determined and the Court being of opinion that there are reasonable grounds for believing that the * safety/welfare of the applicant * and/or a * child/children so requires.

Dated this      day of                     19 .

To

of

Respondent

WARNING.

A person who disobeys this order may be arrested without warrant by a member of the Garda Síochána, and on conviction for a first offence, may be fined £200 or sentenced to six months imprisonment, or be both fined and imprisoned.

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

FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981.

section 11 (1)

____________________________________________________Applicant

____________________________________________________Respondent

THE APPLICATION of the above-named * applicant/respondent for the discharge of a * barring order/protection order made on the          day of                 19   , by this Court coming by summons duly served before the Court this day and the Court being satisfied on the evidence that the * safety/welfare of the spouse * and/or the * child/children for whose protection the order was made does not require that the order should continue in force.

THE COURT ORDERS that the * barring order/protection order be discharged.

Dated this    day of                    19 .

To

of

* Applicant/Respondent

FAMILY LAW (PROTECTION OF SPOUSES AND CHILDREN) ACT, 1981.

section 2 (3)

ORDER VARYING A BARRING ORDER

____________________________________________________Applicant

____________________________________________________Respondent

THE APPLICATION of the above-named * applicant/respondent for an order varying the barring order made by this Court on the    day of         19 coming by summons duly served before the Court this day,

THE COURT, having considered the evidence tendered, HEREBY VARIES the barring order as follows:—

Dated this      day of                    19 .

To

of

I concur in the making of the foregoing Rules.

Dated this 13th day of July, 1981.

JIM MITCHELL

Minister for Justice

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules, which come into operation on 23 July, 1981, regulate the practice and procedure of the District Court under the Family Law (Protection of Spouses and Children) Act, 1981 , which amends the law relating to barring orders.

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