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:—

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“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.

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SCHEDULE OF FORMS.

General heading to be used on all Forms:—

AN CHUIRT DUICHE		THE DISTRICT COURT
---	---
Rule 6	Form 1

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

section 2

SUMMONS FOR 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 your spouse, the above-named applicant, residing at

¹ (in the court district aforesaid)

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

¹ (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 ¹ and/or ¹ a child/children so requires.

Dated this day of 19 .

Signed	_________
	Justice of the District Court, or District Court Clerk.

To

of

Respondent

Rule 8	Form 2

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

section 3 (1).

INFORMATION.

District Court Area of		District No.

__________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:

Signed	_________
	Informant

Sworn before me this day of 19 .

Signed	_________
	Justice of the District Court
---	---
Rule 10	Form 3

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

section 11.

SUMMONS TO DISCHARGE A
SUMMONS TO DISCHARGE A		BARRING ORDER 2 ________ PROTECTION 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 above-named ¹ applicant/respondent of for the discharge of the ³ 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 ⁴ and/or ⁵ child/children for whose protection the order was made does not require that the order should continue in force.

Dated this day of 19 .

Signed	_________
	Justice of the District Court, or District Court Clerk.

To

of

⁶ Applicant/Respondent

Rule 10	Form 4

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 ¹ 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 .

Signed	_________
	Justice of the District Court, or District Court Clerk.

To

of

¹ Applicant/Respondent

Rule 15	Form 5

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

District Court Area of		District No.

__________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

Rule 16	Form 6

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

section 2

BARRING ORDER.

District Court Area of		District No.

__________Applicant

__________Respondent

THE APPLICATION of the above-named applicant of

⁷ (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 ⁸ and/or⁹ child/children reside(s) for the purpose of the section at the family home at

¹⁰ (in the court district aforesaid)

and being of opinion that there are reasonable grounds for believing that the ¹¹ safety/welfare of the applicant ¹² and, or ¹³ 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

¹⁴ AND FURTHER PROHIBITS YOU from using or threatening to use violence against, molesting or putting in fear the applicant ¹⁵ and/or any such child during the period aforesaid.

Dated this day of 19 .

Signed	_________
	Justice of the District Court,

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

Rule 16	Form 7

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

section 3

PROTECTION ORDER

District Court Area of		District No.

__________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

¹⁶ (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

¹⁷ (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 ¹⁸ safety/welfare of the applicant ¹⁹ and/or a ²⁰ child/children so requires.

Dated this day of 19 .

Signed	_________
	Justice of the District Court,

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

Rule 16	Form 8

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

section 11 (1)

ORDER DISCHARGING
ORDER DISCHARGING		BARRING ORDER 21 ________ PROTECTION ORDER
---	---	---
District Court Area of		District No.

__________Applicant

__________Respondent

THE APPLICATION of the above-named ¹ applicant/respondent for the discharge of a ¹ 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 ¹ safety/welfare of the spouse ¹ and/or the ¹ child/children for whose protection the order was made does not require that the order should continue in force.

THE COURT ORDERS that the ¹ barring order/protection order be discharged.

Dated this day of 19 .

Signed	_________
	Justice of the District Court,

To

of

²² Applicant/Respondent

Rule 16	Form 9

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

section 2 (3)

ORDER VARYING A BARRING ORDER

District Court Area of		District No.

__________Applicant

__________Respondent

THE APPLICATION of the above-named ²³ 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 .

Signed	_________
	Justice of the District Court,

To

of

	GIVEN this 6th day of July, 1981
	T.F. DONNELLY, Chairman
	WILLIAM A. TORMEY
	M. CYRIL MAGUIRE
	LAURENCE CULLEN
	THELMA KING
	SÉAMUS S. Ó CATHASAIGH

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.

Footnotes