District Court (Domestic Violence) Rules 2019.

• Date: 06 March 2019
• Statutory Instrument No.: 79/2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil”15th of March, 2019.

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 , section 34 of the Courts (Supplemental Provisions) Act 1961 , section 24 of the Interpretation Act 2005 , section 31(1) of the Domestic Violence Act 2018 and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 2nd day of January 2019.

Rosemary Horgan Chairperson

Conal Gibbons

Anne Watkin

Shane McCarthy

Noel A Doherty

Michelle Johnston

I concur in the making of the foregoing rules

GIVEN under my Official Seal,

Dated this 6th day of March, 2019.

CHARLES FLANAGAN,

Minister for Justice and Equality.

1. (1) These Rules, which shall come into operation on the 15th day of March 2019, may be cited as the District Court (Domestic Violence) Rules 2019.

(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2019.

2. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are amended:

(i) by the substitution for Order 59 thereof of the Order set out in Schedule 1, and

(ii) by the substitution for rule 4 of Order 61A of the following rule:

“Accompanying persons and support workers

4. (1) Where a party (in this rule referred to as the “applicant”) wishes to be accompanied in court in any proceedings referred to in section 40(5) of the 2004 Act, save for proceedings to which section 26 of the Domestic Violence Act 2018 applies, by another person (in this rule referred to as “the accompanying person”), the applicant must, unless the Court otherwise directs, complete a notice of application in the Form 61A.1, Schedule C.

(2) Where the other party or parties agree to the accompanying person, the applicant must lodge Form No. 61A.1 duly completed, with the Clerk prior to the commencement of the hearing in the proceedings, and must apply to the Court at that hearing to approve the accompanying person and for such directions as the Court may give under section 40(5) of the 2004 Act.

(3) Except in ex parte applications, where the other party or parties have not agreed to the accompanying person, the applicant must, by application to the Court in the Form No. 61A.1, on notice to the other party or parties, returnable not later than seven days prior to the date fixed for the hearing in such proceedings, apply to the Court to approve the accompanying person and for such directions as the Court may give under section 40(5) of the 2004 Act.

(4) In ex parte applications, subject to the lodgment of Form No. 61A.1 duly completed in accordance with sub-rule (1), the approval of any accompanying person is at the discretion of the Court.

(5) On any application concerning an accompanying person, the Court, having heard any submission made by or behalf of any other party to the proceedings, may allow the accompanying person to attend the proceedings (or any part of the proceedings) subject to such directions as the Court may give in that regard.

(6) The Court may, of its own motion or on the application of any party or person, vary or modify any directions given under section 40(5) of the 2004 Act during the course of the proceedings.

(7) Where an applicant in proceedings under the Domestic Violence Act 2018 wishes to be accompanied in court in the proceedings by an individual (including a support worker) in accordance with section 26 of the Domestic Violence Act 2018, the applicant must, before or at the commencement of the hearing in the proceedings, provide the Court with details of the name and address of the individual accompanying the applicant and, where the individual is a support worker, the name and address of the organisation with which the support worker volunteers, or by which the support worker is employed or engaged.

(8) The Court may, of its own motion or on the application of any party or person, make an order under section 26(2) of the Domestic Violence Act 2018 at any stage of the proceedings.”

3. (1) The Forms 59.1 to 59.16 inclusive and 61A.1 in Schedule 2 shall be substituted for the forms bearing the like numbers respectively set out in Schedule C to the District Court Rules.

(2) The Forms 59.17, 59.18 and 59.19 in Schedule 2 shall be added to the forms in Schedule C to the District Court Rules immediately following Form 59.16.

Schedule 1

“Order 59

Domestic Violence

Definitions

1. In this Order-

the “2018 Act” means the Domestic Violence Act 2018 (No. 6 of 2018);

“Agency” means the Child and Family Agency, and unless the context otherwise requires, words and phrases used in this Order which are defined in section 2 of the 2018 Act have the same meaning as in the 2018 Act.

Venue

2. Proceedings under this Order may be brought, heard and determined before:

(i) a sitting of the District Court for the Court District in which the applicant resides or is treated by the Court in accordance with section 22(2) of the 2018 Act as residing or, if the application is for a barring order or an emergency barring order, where there is situate the place in relation to which that application is made, or

(ii) a special sitting of the District Court arranged in accordance with section 24(3) of the 2018 Act.

Hearing otherwise than in public

3. Proceedings under the 2018 Act must, subject to section 23 of the 2018 Act, be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8, rule 2) and such other persons as the Judge in the exercise of his or her discretion allows, may be permitted to be present at the hearing.

Safety Order

4. (1) An application to the Court under section 6 of the 2018 Act for a safety order must be preceded by the issue and service upon the respondent of a summons in the Form 59.1, Schedule C.

(2) An order of the Court granting the application may be in the Form 59.2, Schedule C.

Barring Order

5. (1) An application to the Court under section 7 of the 2018 Act for a barring order must be preceded by the issue and service upon the respondent of a summons in the Form 59.3, Schedule C.

(2) An order of the Court granting the application may be in the Form 59.4, Schedule C.

Interim barring order

6. (1) When a summons for a barring order has been issued, an application to the Court under section 8(1) of the 2018 Act for an interim barring order (save where made in the course of the hearing of an application for a barring order):

(i) may be made by motion on notice in the Form 59.5, Schedule C, to the respondent (such notice and a copy of the grounding affidavit or information to be served on the respondent at least two clear days before the hearing) and grounded on an affidavit sworn by the applicant, or on information on oath and in writing sworn by the applicant in the Form 59.6, Schedule C; or

(ii) where, having regard to the circumstances of the particular case, the Court considers it necessary or expedient in the interests of justice, may be made ex parte grounded on an affidavit sworn by the applicant, or on information on oath and in writing sworn by the Applicant in the Form 59.6, Schedule C.

(2) An interim barring order may be made ex parte notwithstanding the fact that the summons required by rule 5 has not been served.

(3) An order of the Court granting the application may be in the Form 59.7, Schedule C.

(4) In any case under this rule, the Court may hear evidence viva voce and on oath.

Emergency Barring Order

7. (1) An application to the Court under section 9(3) of the 2018 Act for an emergency barring order must, subject to sub-rule (3), be preceded by the issue and service upon the respondent of a summons in the Form 59.17, Schedule C.

(2) An application to the Court under section 9 of the 2018 Act for an emergency barring order:

(i) may be made on the date on which the summons has been listed for hearing (provided the summons has been served on the respondent at least two clear days before the hearing) and grounded on an affidavit sworn by the applicant, or on information on oath and in writing sworn by the applicant in the Form 59.18, Schedule C; or

(ii) may, where the Court considers it necessary or expedient in the interests of justice having regard to the circumstances of the particular case, be made ex parte grounded on an affidavit sworn by the applicant, or on information on oath and in writing sworn by the Applicant in the Form 59.18, Schedule C.

(3) An emergency barring order may be made ex parte notwithstanding the fact that the summons required by sub-rule (1) has not been served.

(4) An order of the Court granting the application may be in the Form 59.19, Schedule C.

(5) In any case under this rule, the Court may hear evidence viva voce and on oath.

Protection Order

8. (1) An application to the Court of the 2018 Act for a protection order under section 10(1) (save where made in the course of the hearing of an application for a safety order or a barring order):

(i) may be made by motion on notice to the respondent (such notice to be served on the respondent at least two clear days before the hearing) and in such case may be grounded on the evidence of the applicant viva voce and on oath; or

(ii) where, having regard to the circumstances of the particular case, the Court considers it necessary or expedient in the interests of justice, may be made ex parte grounded on an affidavit sworn by the applicant, or on information on oath and in writing sworn by the applicant in the Form 59.8...