Domestic Violence Act 1996

Interim barring order.

4

4. (1) If, on the making of an application for a barring order or between the making of such application and its determination, the court is of the opinion that there are reasonable grounds for believing that—

(a) there is an immediate risk of significant harm to the applicant or any dependent person if the order is not made immediately, and

(b) the granting of a protection order would not be sufficient to protect the applicant or any dependent person,

the court may, subject to section 7 and having taken into account any order made or to be made to which paragraph (a)or (d)of subsection (2)of section 9 relates, by order (in this Act referred to as an “ interim barring order”)—

(i) direct the respondent, if residing at a place where the applicant or that dependent person resides, to leave such place, and

(ii) whether the respondent is or is not residing at a place where the applicant or that dependent person resides, prohibit that respondent from entering such place until further order of the court or until such other time as the court shall specify.

(2) Subsections (3), (4), (5), (6), (7) and (12) of section 3 shall apply to an interim barring order as they apply to a barring order.

F13 [ (3) ( a ) An interim barring order may be made ex parte where, having regard to the circumstances of the particular case, the court considers it necessary or expedient to do so in the interests of justice.

( b ) The application for such an order shall be grounded on an affidavit or information sworn by the applicant.

( c ) If an interim barring order is made ex parte

(i) a note of evidence given by the applicant shall be prepared forthwith

(I) by the judge,

(II) by the applicant or the applicant s solicitor and approved by the judge, or

(III) as otherwise directed by the judge,

and

(ii) a copy of the order, affidavit or information and note shall be served on the respondent as soon as practicable.

( d ) The order shall have effect for a period, not exceeding 8 working days, to be specified in the order, unless, on application by the applicant for the barring order and on notice to the respondent, the interim barring order is confirmed within that period by order of the court.

( e ) The order shall contain a statement of the effect of paragraph ( d ).

( f ) In paragraph ( d ) working days means days other than Saturdays, Sundays or public holidays (within the meaning of the Organisation of Working Time Act, 1997 ). ]

(4) An interim barring order shall cease to have effect on the determination by the court of the application for a barring order.

(5) Notwithstanding subsection (4), so much of an interim barring order as was made for the benefit of a dependent person shall cease to have effect in accordance with that subsection or upon such person ceasing to be a dependent person, whichever first occurs.

Annotations:

Amendments:

F13

Substituted (19.12.2002) by Domestic Violence (Amendment) Act 2002 (30/2002), s. 1(a), commenced on enactment.

Editorial Notes:

E8

Power to make order under section before grant or refusal of decree of divorce provided (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 11(a), commenced as per s. 1(2).

E9

Power to make order under section on or after decree of divorce provided (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 15(1)(d), commenced as per s. 1(2).