A barring order excludes a violent partner or spouse from the home. The order may also prohibit the person from further violence or threats of violence, watching or being near your home, or following or communicating (including electronically) with you or a dependent person.
A barring order issued in the District Court can last up to three years. There is no time limitation on a barring order when made in the Circuit Court.
Barring orders are made when the court considers there are reasonable grounds for believing that a person’s safety or welfare (or that of a dependent) requires that one be made.
Who can apply for a barring order?
- A spouse
- Civil partners
- Cohabitants who live in an intimate relationship (provided the applicant has a legal interest in the shared home which is equal to or greater than, that of the respondent)
- A parent of an adult child who is a non-dependent (provided the applicant has a legal interest in the shared home which is equal to or greater than, that of the respondent)
- Tusla, Child and Family Agencyon behalf of an “aggrieved person”.
How to apply for a barring order
To apply for a barring order or a safety order you must go to your local District Court Office. The court clerk will give you the relevant application forms to fill out.
This is the initial application and you will have to return for a full court hearing of the application. You do not need legal representation for the initial application, but it is highly recommended that you have legal representation when you return for the full hearing.
At this point, you should mention any evidence you have for the full hearing, including reports from your doctor, hospital or the Gardaí.
It is possible to apply for a barring order in the Circuit Court also. This is usually done at the same time as divorce or separation proceedings. It can be done as a standalone application also, but this is less common.
When will the full hearing be held?
After the initial application, you will receive a summons with the date for the full hearing. A summons will be sent to the respondent by ordinary post. The respondent is the person you need to be protected from and want barred from your home.
How to protect yourself in the meantime
While you are waiting to go to court to for the full hearing for your barring order, you may be eligible to get a protection order, or an interim barring order, immediately. The Judge may hear your case on the day you make your application for a barring order or safety order, or after that day.
If you need any support please contact your local domestic violence service. Click here to find the one closest to you
Or, if you are in immediate danger, please call the emergency services on 999.
Other types of orders
Read more What happens when I go to court to get a domestic violence order?
Learn more about your rights.
