Family Law (Protection of Spouses and Children) Act, 1981

Barring order.

2.—(1) On application to it by a spouse (in this Act called the “applicant spouse”), the Court may, if it is of opinion that there are reasonable grounds for believing that the safety or welfare of that spouse or of any child so requires, by order (in this Act called a “barring order”)—

(a) direct the other spouse (in this Act called the “respondent spouse”), if residing at a place where the applicant spouse or the child resides, to leave that place, and

(b) whether the respondent spouse is or is not residing at that place, prohibit that spouse from entering that place until further order by the Court or until such other time as the Court shall specify.

(2) A barring order may, if the Court thinks fit, prohibit the respondent spouse from using or threatening to use violence against, molesting or putting in fear the applicant spouse or any child and may be made subject to such exceptions and conditions as the Court may specify.

(3) A barring order may be varied by the Court on the application of either spouse.

(4) A barring order, if made by the District Court or by the Circuit Court on appeal from the District Court, shall, subject to section 11 of this Act, expire twelve months after the date of its making.

(5) On or before the expiration of a barring order a further barring order may be made with effect from the expiration of the first-mentioned barring order.

(6) For the purposes of subsection (1) of this section an applicant spouse or a child who would, but for the conduct of the respondent spouse, be residing at a place shall be treated as residing at that place.