Domestic Violence Act 2018

Domestic Violence Act 2018 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2018 Domestic Violence Act 2018 Domestic Violence Act 2018 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 6 of 2018 DOMESTIC VIOLENCE ACT 2018 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation 3. Repeals 4. Expenses PART 2 Court Proceedings 5. Factors or circumstances to which court shall have regard in determining applications for specified orders 6. Safety order 7. Barring order 8. Interim barring order 9. Emergency barring order 10. Protection order 11. Power of the Agency to apply for certain orders 12. Power to make care order or supervision order under Child Care Act 1991 13. Application of section 9(2) of Family Home Protection Act 1976 14. Application of section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 15. Hearing of applications under Acts together 16. Protection against cross-examination by applicant or respondent 17. Requirement to give reasons for certain decisions 18. Taking effect of orders 19. Copies of orders to be given to certain persons 20. Effect of appeal from order 21. Discharge of orders 22. Exercise of jurisdiction by court in civil proceedings 23. Hearing of civil proceedings 24. Special sitting of District Court 25. Evidence through television link for civil proceedings 26. Right to be accompanied in court in certain circumstances 27. Views of a child for whom an order is sought 28. Information to victims of domestic violence on support services 29. Recommendation for engagement by respondent with certain services 30. Costs 31. Rules of court and service of documents 32. Orders not to affect rights under certain enactments or estate or interest PART 3 Offences and Proceedings for Offences 33. Offences 34. Restrictions on those present in courtroom in proceedings under section 33 35. Arrest without warrant 36. Prohibition on publication or broadcast of certain matters 37. Penalties for offence under section 36 38. Offence of forced marriage 39. Offence of coercive control 40. Relationship between defendant and victim as aggravating factor in sentencing for certain offences PART 4 Transitional and Savings and Consequential Amendments to other Acts 41. Continuance of orders made under Act of 1996 42. Continuation of proceedings 43. Amendment of section 1 of Criminal Damage Act 1991 44. Amendment of section 12 of Criminal Evidence Act 1992 45. Amendment of Family Law Act 1995 46. Amendment of section 28 of Civil Legal Aid Act 1995 47. Amendment of Family Law (Divorce) Act 1996 48. Amendment of section 9 of Mental Health Act 2001 49. Amendment of section 2 of Civil Registration Act 2004 50. Amendment of section 39 of Civil Liability and Courts Act 2004 51. Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 52. Amendment of Schedule 3 to National Vetting Bureau (Children and Vulnerable Persons) Act 2012 53. Amendment of section 61 of Animal Health and Welfare Act 2013 54. Amendment of section 2 of Assisted Decision-Making (Capacity) Act 2015 55. Amendment of section 3 of Mediation Act 2017 56. Amendment of section 2 of Criminal Justice (Victims of Crime) Act 2017 Acts Referred to Age of Majority Act 1985 (No. 2) Animal Health and Welfare Act 2013 (No. 15) Assisted Decision-Making (Capacity) Act 2015 (No. 64) Broadcasting Act 2009 (No. 18) Child Care Act 1991 (No. 17) Civil Legal Aid Act 1995 (No. 32) Civil Liability and Courts Act 2004 (No. 31) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Civil Registration Act 2004 (No. 3) Courts (Supplemental Provisions) Act 1961 (No. 39) Courts Act 1964 (No. 11) Courts and Civil Law (Miscellaneous Provisions) Act 2013 (No. 32) Courts of Justice Act 1953 (No. 32) Criminal Damage Act 1991 (No. 31) Criminal Evidence Act 1992 (No. 12) Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50) Criminal Justice (Victims of Crime) Act 2017 (No. 28) Criminal Law (Rape) (Amendment) Act 1990 (No. 32) Domestic Violence (Amendment) Act 2002 (No. 30) Domestic Violence Act 1996 (No. 1) Family Home Protection Act 1976 (No. 27) Family Law (Divorce) Act 1996 (No. 33) Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11) Family Law Act 1995 (No. 26) Guardianship of Infants Act 1964 (No. 7) Housing (Private Rented Dwellings) Acts 1982 and 1983 Interpretation Act 2005 (No. 23) Judicial Separation and Family Law Reform Act 1989 (No. 6) Landlord and Tenant Acts 1967 to 2008 Mediation Act 2017 (No. 27) Mental Health Act 2001 (No. 25) Mercantile Marine Act 1955 (No. 29) National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (No. 47) Non-Fatal Offences Against the Person Act 1997 (No. 26) Residential Tenancies Acts 2004 to 2015 Number 6 of 2018 DOMESTIC VIOLENCE ACT 2018 An Act to consolidate the law on domestic violence; to provide for emergency barring orders in certain circumstances; to provide for evidence to be given through television link in certain proceedings; to provide for the right of an applicant to be accompanied in certain proceedings; to provide for the obtaining of the views of a child in certain proceedings; to provide for the giving of information on support services to victims of domestic violence; to provide for the making of recommendations for engagement with certain services by respondents; to provide for restrictions on those present in court during certain proceedings; to prohibit the publication or broadcast of certain matters; to provide for an offence of forced marriage; to repeal provisions for exemption, in certain cases, from minimum age requirements for marriage; for those and other purposes to repeal the Domestic Violence Act 1996 and the Domestic Violence (Amendment) Act 2002 and to provide for the consequential amendment of certain other enactments; and to provide for related matters [8th May, 2018] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Domestic Violence Act 2018. (2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, and for the repeal of different enactments or provisions of enactments effected by section 3 . Interpretation 2. (1) In this Act— “Act of 1964” means the Guardianship of Infants Act 1964 ; “Act of 1976” means the Family Home Protection Act 1976 ; “Act of 1991” means the Child Care Act 1991 ; “Act of 1995” means the Family Law Act 1995 ; “Act of 1996” means the Domestic Violence Act 1996 ; “Act of 2004” means the Civil Liability and Courts Act 2004 ; “Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; “Act of 2013” means the Courts and Civil Law (Miscellaneous Provisions) Act 2013 ; “Agency” means the Child and Family Agency; “applicant” has the meaning assigned to it by section 6 , section 7 or section 9 , as the case may be, and where— (a) an interim barring order has been made the applicant for the barring order to whom the interim barring order relates shall be deemed to be the applicant for that interim barring order, and (b) a protection order has been made the applicant for the safety order or the barring order to whom the protection order relates shall be deemed to be the applicant for that protection order; “barring order” has the meaning assigned to it by section 7 (2); “child” means a person who has not attained the age of 18 years other than a person who is or has been married; “civil partner” has the meaning assigned to it by section 3 of the Act of 2010 and for the purposes of this Act includes a person who was a civil partner in a civil partnership that has been dissolved under the Act of 2010 but does not include a person who was in a civil partnership that has been dissolved by reason only of the application of section 109A of the Act of 2010; “civil proceedings under this Act” means— (a) proceedings relating to an application for the making, variation or discharge of a safety order, a barring order or an emergency barring order, (b) proceedings, consequent on the making of an application for a barring order, for the making, variation or discharge of an interim barring order which relates to the application, (c) proceedings, consequent on the making of an application for a safety order or a barring order, for the making, variation or discharge of a protection order which relates to the application, (d) proceedings by way of appeal or case stated which are related to proceedings to which paragraph (a), (b) or (c) applies; “court” means the District Court or the Circuit Court; “dependent person”, in relation to the applicant or the respondent or both of them, as the case may be, means any child— (a) of the applicant and the respondent or in respect of whom the applicant and the respondent are in loco parentis, (b) of the applicant or in respect of whom the applicant is in loco parentis, or (c) of the respondent or in respect of whom the respondent is in loco parentis and— (i) where the child is a child of the respondent, the applicant is in loco parentis to that child, or (ii) where the respondent is in loco parentis to the child, that child is a child of the applicant, who is not of full age, or, if the child has attained full age is suffering from a mental or physical disability to such an extent that it is not reasonably possible for him or her to live independently of the applicant; “emergency barring order” has the meaning assigned to it by section 9 (3); “full age” has the same meaning as it has in the Age of Majority Act 1985 ; “interim barring order” has the meaning assigned to it by section 8 (1); “Minister” means the Minister for Justice and Equality; “prohibited degree of relationship” shall be construed in accordance with subsection (2); “protection order” has the meaning assigned to it by section 10 (1); “respondent” has the meaning assigned to it by section 6 , section 7 or section 9 , as the case may be, and where— (a) an interim barring order has been made the respondent to the application for the barring order to which the interim barring order relates shall be deemed to be the respondent to that interim barring order, and (b) a protection order has been made the respondent to the application for the safety order or the barring order to which the protection order relates shall be deemed to be the respondent to that protection order; “safety order” has the meaning assigned to it by section 6 (2); “specified order” means— (a) a safety order, barring order, interim barring order, emergency barring order or protection order, or (b) an order varying or discharging an order referred to in paragraph (a); “spouse” includes a person who was a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State; “welfare” includes physical and psychological welfare. (2) For the purposes of this Act, two people are related to each other within a prohibited degree of relationship if they would be prohibited from marrying each other in the State by reason of that relationship. (3) For the avoidance of doubt, a relationship does not cease to be an intimate relationship for the purposes of this Act by reason only that it is no longer sexual in nature. Repeals 3. The following are repealed: (a) section 51 of the Family Law (Divorce) Act 1996 ; (b) the Domestic Violence Act 1996 ; (c) the Domestic Violence (Amendment) Act 2002 . Expenses 4. The expenses incurred by the Minister and the Minister for Children and Youth Affairs in the administration of this Act shall, to such an extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. PART 2 Court Proceedings Factors or circumstances to which court shall have regard in determining applications for specified orders 5. (1) Nothing in subsection (2) shall be construed as limiting the power of a court to make a specified order under this Act. (2) In determining an application for a specified order, the court shall have regard to all the factors or circumstances that it considers may have a bearing on the application including where relevant: (a) any history of violence inflicted by the respondent on the applicant or a dependent person; (b) any conviction of the respondent for an offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 that involves loss to, or is to the prejudice of, the applicant or a dependent person; (c) any conviction of the respondent for an offence that involves violence or the threat of violence to any person; (d) whether any violence inflicted by the respondent on the applicant or a dependent person is increasing, or has increased, in severity or frequency over time; (e) any exposure of any dependent person to violence inflicted by the respondent on the applicant or any other dependent person; (f) any previous order under this Act or the Act of 1996 made against the respondent with regard to any person; (g) any history of animal cruelty by the respondent; (h) any destruction or damage caused by the respondent to— (i) the personal property of the applicant, the respondent or a dependent person, or (ii) any place where the applicant or a dependent person resides; (i) any action of the respondent, not being a criminal offence, which puts the applicant or a dependent person in fear for his or her own safety or welfare; (j) any recent separation between the applicant and the respondent; (k) substance abuse, including abuse of alcohol, by the respondent, the applicant or a dependent person; (l) access to weapons by the respondent, the applicant or a dependent person; (m) the applicant’s perception of the risk to his or her own safety or welfare due to the behaviour of the respondent; (n) the age and state of health (including pregnancy) of the applicant or any dependent person; (o) any evidence of deterioration in the physical, psychological or emotional welfare of the applicant or a dependent person which is caused directly by fear of the behaviour of the respondent; (p) whether the applicant is economically dependent on the respondent; (q) any matter required to be considered by the court under, and in accordance with, subsections (2) and (3) of section 29 ; (r) any other matter which appears to the court to be relevant to the safety or welfare of the applicant and any dependent person. Safety order 6. (1) (a) In this section— “applicant” means a person (other than the Agency) who has applied, or a person on whose behalf the Agency has applied by virtue of section 11, for a safety order against another person (in this section referred to as “the respondent”) and the person so applying or on whose behalf the Agency has so applied— (i) is the spouse of the respondent, (ii) is the civil partner of the respondent, (iii) is not the spouse or civil partner of the respondent and is not related to the respondent within a prohibited degree of relationship, but was in an intimate relationship with the respondent prior to the application for the safety order, (iv) is a parent of the respondent and the respondent is of full age and is not, in relation to the parent, a dependent person, (v) being of full age, resides with the respondent in a relationship the basis of which is not primarily contractual, or (vi) is a parent of a child whose other parent is the respondent; “kindred”, in relation to two or more persons, means the relationship of each of those persons to the other person or to the rest of those persons by blood, adoption, marriage or civil partnership. (b) For the purposes of paragraph (a)(v), in deciding whether or not a person is residing with another person in a relationship the basis of which is not primarily contractual, the court shall have regard to— (i) the length of time those persons are residing together, (ii) the nature of any duties performed by either person for the other person or any kindred person of that other person, (iii) the absence of any profit or of any significant profit made by either person from any monetary or other consideration given by the other person in respect of residing at the place concerned, and (iv) any other matters the court considers appropriate in the circumstances. (2) Where the court, on application to it, is of the opinion that there are reasonable grounds for believing that the safety or welfare of an applicant or a dependent person so requires, it shall, subject to section 12 , by order (in this Act referred to as a “safety order”) prohibit the respondent to the application from doing one or more of the following: (a) using or threatening to use violence against, molesting or putting in fear, the applicant or the dependent person; (b) if he or she is residing at a place other than the place where the applicant or that dependent person resides, watching or besetting a place where the applicant or the dependent person resides; (c) following or communicating (including by electronic means) with the applicant or the dependent person. (3) A safety order may be subject to such exceptions and conditions as the court may specify. (4) Subject to subsection (5) and section 21 , a safety order made by the District Court or by the Circuit Court on appeal from the District Court shall expire 5 years after the date of the making of the order or on the expiration of such shorter period as the court may provide for in the order. (5) On or before the expiration of a safety order to which subsection (4) relates, a further safety order may be made by the District Court, or by the Circuit Court on appeal from the District Court, for a period of 5 years or such shorter period as the court may provide for in the order which further order shall take effect from the date of expiration of the first-mentioned order. (6) On or before the expiration of a safety order, other than a safety order to which subsection (4) relates, a further safety order may be made by the District Court, or by the Circuit Court on appeal from the District Court, for a period of 5 years or such shorter period as the court may provide for in the order and that further safety order shall take effect from the date of expiration of the first-mentioned order. (7) The court shall not, on an application for a barring order, make a safety order unless there is also an application for a safety order before the court concerning the same matter. (8) Where a safety order has been made, any of the following persons may apply to have the order varied: (a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11— (i) the Agency, (ii) the person referred to in subsection (1)(c) of that section, or (iii) the respondent to that application; (b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 — (i) the Agency, (ii) the applicant for the order, or (iii) the respondent to that application; (c) in any other case— (i) the applicant for the order, or (ii) the respondent to the application for that order. (9) The court may, upon hearing an application under subsection (8), make such order varying the safety order as it considers appropriate in the circumstances. (10) For the purposes of making an application under subsection (8), a safety order made by a court on appeal from another court shall be treated as if it had been made by that other court. Barring order 7. (1) In this section “applicant” means a person (other than the Agency) who has applied, or a person on whose behalf the Agency has applied by virtue of section 11 , for a barring order against another person (in this section referred to as “the respondent”) and the person so applying or on whose behalf the Agency has so applied— (a) is the spouse of the respondent, (b) is the civil partner of the respondent, (c) is not the spouse or civil partner of the respondent and is not related to the respondent within a prohibited degree of relationship but lived with the respondent in an intimate relationship prior to the application for the barring order, or (d) is a parent of the respondent and the respondent is a person of full age who is not, in relation to the parent, a dependent person. (2) (a) Where the court, on application to it, is of the opinion, having taken into account any order made or to be made to which paragraph (a) or (d) of section 15 (2) relates, that there are reasonable grounds for believing that the safety or welfare of the applicant or a dependent person so requires, it shall, subject to section 12, by order (in this Act referred to as a “barring order”)— (i) direct the respondent, if residing at a place where the applicant or the dependent person resides, to leave the place, and (ii) whether the respondent is or is not residing at a place where the applicant or the dependent person resides, prohibit the respondent from entering the place until further order of the court or until such other time as the court shall specify. (b) In deciding whether or not to make a barring order the court shall have regard to the safety and welfare of any dependent person in respect of whom the respondent is a parent or in loco parentis, where the dependent person is residing at the place to which the order, if made, would relate. (3) A barring order may, if the court thinks fit, prohibit the respondent from doing one or more of the following: (a) using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person; (b) attending at or in the vicinity of, or watching or besetting, a place where the applicant or a dependent person resides; (c) following or communicating (including by electronic means) with the applicant or a dependent person. (4) A barring order may be subject to such exceptions and conditions as the court may specify. (5) For the purposes of subsections (2) and (3) an applicant or a dependent person who would, but for the conduct of the respondent, be residing at a place shall be treated as residing at that place. (6) (a) In respect of a person who is an applicant by virtue of paragraph (c) or (d) of subsection (1), the court shall not make a barring order in respect of the place where the applicant or dependent person resides where the respondent has a legal or beneficial interest in that place and— (i) the applicant has no legal or beneficial interest, or (ii) the applicant’s legal or beneficial interest is, in the opinion of the court, less than that of the respondent. (b) Where in proceedings to which this section applies the applicant states the belief, in respect of the place to which paragraph (a) relates, that he or she has a legal or beneficial interest in that place which is not less than that of the respondent, then that belief shall be admissible in evidence. (7) Without prejudice to section 32 , nothing in this Act shall be construed as affecting the rights of any person, other than the applicant or the respondent, who has a legal or beneficial interest in a place in respect of which the court has made an order under this section. (8) A barring order, if made by the District Court, or by the Circuit Court on appeal from the District Court, shall, subject to subsection (9) and section 21 , expire three years after the date of its making or on the expiration of such shorter period as the court may provide for in the order. (9) On or before the expiration of a barring order to which subsection (8) relates, a further barring order may be made by the District Court, or by the Circuit Court on appeal from the District Court, for a period of three years or such shorter period as the court may provide for in the order and that further barring order shall take effect from the expiration of the first-mentioned order. (10) On or before the expiration of a barring order, other than a barring order to which subsection (8) relates, a further barring order may be made by the District Court, or by the Circuit Court on appeal from the District Court, for a period of three years or such shorter period as the court may provide for in the order and that further barring order shall take effect from the date of expiration of the first-mentioned order. (11) The court shall not, on an application for a safety order, make a barring order unless there is also an application for a barring order before the court concerning the same matter. (12) Where a barring order has been made, any of the following may apply to have the order varied: (a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11 — (i) the Agency, (ii) the person referred to in subsection (1)(c) of that section, or (iii) the respondent to that application; (b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 — (i) the Agency, (ii) the applicant for the order, or (iii) the respondent to that application; (c) in any other case— (i) the applicant for the order, or (ii) the respondent to the application for that order. (13) The court may, upon hearing an application under subsection (12), make such order varying the barring order as it considers appropriate in the circumstances. (14) For the purposes of making an application under subsection (12), a barring order made by a court on appeal from another court shall be treated as if it had been made by that other court. Interim barring order 8. (1) Where the court, on application to it for a barring order or between the making of that application and its determination, is of the opinion, having taken into account any order made or to be made to which paragraph (a) or (d) of section 15 (2) relates, that there are reasonable grounds for believing— (a) there is an immediate risk of significant harm to the applicant or a dependent person, and (b) the making of a protection order would not be sufficient to protect the applicant or a dependent person, the court shall, subject to section 12 , 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 the dependent person resides, to leave the place, and (ii) whether the respondent is or is not residing at a place where the applicant or the dependent person resides, prohibit that respondent from entering the place until further order of the court or until such other time as the court shall specify. (2) An interim barring order may, if the court thinks fit, prohibit the respondent from doing one or more of the following: (a) using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person; (b) attending at or in the vicinity of, or watching or besetting, a place where the applicant or a dependent person resides; (c) following or communicating (including by electronic means) with the applicant or a dependent person. (3) An interim barring order may be made subject to such exceptions and conditions as the court may specify. (4) For the purposes of subsections (1) and (2), an applicant or a dependent person who would, but for the conduct of the respondent, be residing at a place shall be treated as residing at that place. (5) (a) In respect of a person who is an applicant by virtue of paragraph (c) or (d) of subsection (1) of section 7 , the court shall not make an interim barring order in respect of the place where the applicant or dependent person resides where the respondent has a legal or beneficial interest in that place but— (i) the applicant has no legal or beneficial interest, or (ii) the applicant’s legal or beneficial interest is, in the opinion of the court, less than that of the respondent. (b) Where in proceedings to which this section applies the applicant states the belief, in respect of the place to which paragraph (a) relates, that he or she has a legal or beneficial interest in that place which is not less than that of the respondent, then that belief shall be admissible in evidence. (6) Without prejudice to section 32 , nothing in this Act shall be construed as affecting the rights of any person, other than the applicant or the respondent, who has a legal or beneficial interest in a place in respect of which the court has made an order under this section. (7) Where an interim barring order has been made, any of the following may apply to have the order varied: (a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11 — (i) the Agency, (ii) the person referred to in subsection (1)(c) of that section, or (iii) the respondent to that application; (b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 — (i) the Agency, (ii) the applicant for the order, or (iii) the respondent to that application; (c) in any other case— (i) the applicant for the order, or (ii) the respondent to the application for that order. (8) The court may, upon hearing an application under subsection (7), make such order varying the interim barring order as it considers appropriate in the circumstances. (9) For the purposes of an application under subsection (7), an interim barring order made by a court on appeal from another court shall be treated as if it had been made by that other court. (10) 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. (11) Where an application for an interim barring order is made ex parte, the application shall be grounded on an affidavit or information sworn by the applicant. (12) An affidavit or information sworn by the applicant under subsection (11) shall state whether the property from which it is sought to bar the respondent on an interim basis is also a place of business of the respondent or includes or abuts a place of business of the respondent. (13) If an interim barring order is made ex parte— (a) 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 (b) a copy of the interim barring order, affidavit or information sworn under subsection (11) and note of evidence shall be served on the respondent as soon as practicable. (14) If an interim barring order is made ex parte that order shall have effect for a period, not exceeding 8 working days, 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 8 day period by order of the court. (15) An interim barring order made ex parte shall contain a statement of the effect of subsection (14). (16) An interim barring order ceases to have effect on the determination by the court of the application for the barring order. Emergency barring order 9. (1) In this section, “applicant” means a person (other than the Agency) who has applied, or on whose behalf the Agency has applied by virtue of section 11 , for an emergency barring order against another person (in this section called “the respondent”) and the person so applying or on whose behalf the Agency has so applied— (a) is not the spouse or civil partner of the respondent and is not related to the respondent within a prohibited degree of relationship but lived with the respondent in an intimate relationship prior to the application for the emergency barring order, or (b) is a parent of the respondent and the respondent is a person of full age who is not, in relation to the parent, a dependent person. (2) The court may only make an order under this section in respect of a place where an applicant or a dependent person resides and where— (a) the respondent has a legal or beneficial interest in the place but the applicant has no such interest, or (b) the applicant’s legal or beneficial interest is, in the opinion of the court, less than that of the respondent. (3) Subject to subsection (2), where the court, on application to it, is of the opinion, having taken into account any order made or to be made to which paragraph (a) or (d) of section 15 (2) relates, that there are reasonable grounds for believing that there is an immediate risk of significant harm to the applicant or a dependent person if an order is not made immediately, the court shall, subject to section 12 , by order (in this Act referred to as an “emergency barring order”)— (a) direct the respondent, if residing at the place where the applicant or that dependent person resides, to leave that place, and (b) whether the respondent is or is not residing at the place where the applicant or that dependent person resides, prohibit that respondent from entering that place for such period, not exceeding 8 working days, as is specified in the order. (4) An emergency barring order may, if the court thinks fit, prohibit the respondent from doing one or more of the following: (a) using or threatening to use violence against, molesting or putting in fear, the applicant or a dependent person; (b) attending at or in the vicinity of, or watching or besetting, a place where the applicant or a dependent person resides; (c) following or communicating (including by electronic means) with the applicant or a dependent person. (5) An emergency barring order may be made subject to such exceptions and conditions as the court may specify. (6) For the purposes of subsections (2) and (3), an applicant or a dependent person who would, but for the conduct of the respondent, be residing at a place shall be treated as residing at that place. (7) Without prejudice to section 32 , nothing in this Act shall be construed as affecting the rights of any person, other than the applicant or the respondent, who has a legal or beneficial interest in a place in respect of which the court has made an order under this section. (8) Where an emergency barring order has been made, any of the following may apply to have the order varied: (a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11 — (i) the Agency, (ii) the person referred to in subsection (1)(c) of that section, or (iii) the respondent to that application; (b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 — (i) the Agency, (ii) the applicant for the order, or (iii) the respondent to that application; (c) in any other case— (i) the applicant for the order, or (ii) the respondent to the application for that order. (9) The court may, upon hearing an application under subsection (8), make such order varying the emergency barring order as it considers appropriate in the circumstances. (10) For the purposes of making an application under subsection (8), an emergency barring order made by a court on appeal from another court shall be treated as if it had been made by that other court. (11) An emergency 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. (12) Where an application for an emergency barring order is made ex parte, the application shall be grounded on an affidavit or information sworn by the applicant. (13) An affidavit or information sworn by the applicant under subsection (12) shall state whether the property from which it is sought to bar the respondent on an emergency basis is also a place of business of the respondent or includes or abuts a place of business of the respondent. (14) If an emergency barring order is made ex parte— (a) 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 (b) a copy of the emergency barring order, affidavit or information sworn under subsection (12) and note of evidence shall be served on the respondent as soon as practicable. (15) Where an emergency barring order is made ex parte it shall have effect for such period, not exceeding 8 working days, as is specified in the order. (16) (a) Subject to paragraph (b), where an emergency barring order has been made against a respondent, no further emergency barring order shall be made against the respondent on application by or on behalf of the same applicant unless a period of at least one month has elapsed since the expiration of the last day of the period specified in the first-mentioned order. (b) A further emergency barring order may be made against the respondent within the one month period referred to in paragraph (a) where the court is satisfied, having due regard to the circumstances of the respondent, that there are exceptional circumstances which justify the making of a further order. Protection order 10. (1) Where the court, on application to it for a safety order or a barring order or between the making of that application and its determination, is of the opinion that there are reasonable grounds for believing that the safety or welfare of the applicant for the order concerned or of a dependent person so requires, the court shall by order (in this Act referred to as a “protection order”) prohibit the respondent to the application from doing one or more of the following: (a) using or threatening to use violence against, molesting or putting in fear, the applicant or the dependent person; (b) if he or she is residing at a place other than the place where the applicant or the dependent person resides, watching or besetting the place where the applicant or the dependent person resides; (c) following or communicating (including by electronic means) with the applicant or that dependent person. (2) A protection order may be subject to such exceptions and conditions as the court may specify. (3) For the purposes of this section, an applicant or a dependent person who would, but for the conduct of the respondent, be residing at a place shall be treated as residing at that place. (4) Where a protection order has been made, any of the following may apply to have the order varied: (a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11— (i) the Agency, (ii) the person referred to in subsection (1)(c) of that section, or (iii) the respondent to that application; (b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 — (i) the Agency, (ii) the applicant for that order, or (iii) the respondent to that application; (c) in any other case— (i) the applicant for the order, or (ii) the respondent to the application for that order. (5) The court may, upon hearing an application under subsection (4), make such order varying the protection order as it considers appropriate in the circumstances. (6) For the purposes of making an application under subsection (4), a protection order made by a court on appeal from another court shall be treated as if it had been made by that other court. (7) A protection 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. (8) Where an application for a protection order is made ex parte, the application shall be grounded on an affidavit or information sworn by the applicant. (9) If a protection order is made ex parte— (a) 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 (b) a copy of the protection order, affidavit or information sworn under subsection (8) and note of evidence shall be served on the respondent as soon as practicable. (10) A protection order shall cease to have effect on the determination by the court of the application for a safety order or a barring order. Power of the Agency to apply for certain orders 11. (1) Subject to subsections (2), (3) and (4), this section applies where the Agency— (a) becomes aware of an alleged incident or series of incidents which in its opinion puts into doubt the safety or welfare of a person (in this section referred to as the “aggrieved person”), (b) has reasonable cause to believe that the aggrieved person has been subjected to molestation, violence or threatened violence or otherwise put in fear of his or her safety or welfare, (c) is of the opinion that there are reasonable grounds for believing that, where appropriate in the circumstances, a person would be deterred or prevented as a consequence of molestation, violence or threatened violence by the respondent or fear of the respondent from pursuing an application for a safety order, a barring order or an emergency barring order on his or her own behalf or on behalf of a dependent person, and (d) considers, having ascertained as far as is reasonably practicable the wishes of the aggrieved person or, where the aggrieved person is a dependent person, of the person to whom paragraph (c) relates in respect of the dependent person, that it is appropriate in all the circumstances to apply for a safety order, a barring order or an emergency barring order in accordance with this Act on behalf of the aggrieved person. (2) The Agency may apply to the court on behalf of the aggrieved person for a safety order, a barring order or an emergency barring order for which the aggrieved person or, where the aggrieved person is a dependent person, the person to whom subsection (1)(c) relates in respect of that dependent person, could have applied. (3) Where an application is made by the Agency in accordance with this section, the court shall, in determining whether, and if so to what extent, to exercise any of its functions under section 6 , 7 , 8 , 9 , 10 or 21 , have regard to any wishes expressed by— (a) the aggrieved person, or (b) where the aggrieved person is a dependent person, the person to whom subsection (1)(c) relates in respect of the dependent person and, where the court considers it appropriate, the dependent person. (4) The provisions of paragraphs (a) and (b) of subsection (1) need not be complied with where an application relates to an aggrieved person who is a dependent person, or in respect of so much of an application as relates to an aggrieved person who is a dependent person, if the court is of the opinion that there is reasonable cause to believe that— (a) the dependent person has been or is being assaulted, ill-treated, sexually abused or seriously neglected, or (b) the dependent person’s health, development or welfare has been, is being or is likely to be avoidably impaired or seriously neglected, and that if the order is made the likelihood of harm to that dependent person will not arise or will be materially diminished. (5) The court shall not make a barring order, an interim barring order or an emergency barring order where the aggrieved person is a dependent person unless the Agency satisfies the court that the person to whom subsection (1)(c) relates in respect of that dependent person is willing and able to provide reasonable care for that dependent person. Power to make care order or supervision order under Child Care Act 1991 12. (1) Where in proceedings for an order under this Act, other than proceedings to which section 11 relates, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to a dependent person concerned in the proceedings, the court may, of its own motion or on the application of a person concerned, adjourn the proceedings and direct the Agency to undertake an investigation or, as the case may be, further investigations of that dependent person’s circumstances. (2) Where proceedings are adjourned and the court gives a direction under subsection (1), the court may give such directions under the Act of 1991 as it sees fit as to the care and custody of, and may make a supervision order in respect of, the dependent person concerned pending the outcome of the investigation by the Agency. (3) Where the court gives a direction under subsection (1) in respect of a dependent person, the Agency shall undertake an investigation of the dependent person’s circumstances and shall consider if it should— (a) apply for a care order or a supervision order, (b) provide any service or assistance for that dependent person’s family, or (c) take any other action in respect of that dependent person. (4) Where the Agency undertakes an investigation under this section and decides not to apply for a care order or supervision order with respect to the dependent person concerned, it shall inform the court of— (a) its reasons for so deciding, (b) any service or assistance it has provided, or intends to provide, for that dependent person and his or her family, and (c) any other action which it has taken, or proposes to take, with respect to that dependent person. (5) In this section— “care order” means a care order under the Act of 1991; “supervision order” means a supervision order under the Act of 1991. Application of section 9(2) of Family Home Protection Act 1976 13. (1) Where an application for a barring order or a safety order is made against the spouse of the applicant, subsection (2) of section 9 of the Act of 1976 shall apply— (a) between the making of the application for the order and the determination of that application, and (b) if that order is made, while that order is in force, as it applies between the institution and final determination of matrimonial proceedings to which that section relates. (2) The court which is empowered under subsection (2)(b) of section 9 of the Act of 1976 to grant permission for a disposition or removal of household chattels within the meaning of that section is, notwithstanding anything in section 10 of that Act, the court before which the proceedings, including proceedings for a barring order or a safety order, have been instituted. Application of section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 14. (1) Where an application for a barring order or a safety order is made against the civil partner of the applicant, subsection (2) of section 34 of the Act of 2010 shall apply— (a) between the making of the application for the order and its determination, and (b) if that order is made, while that order is in force, as it applies between the institution and final determination of dissolution proceedings to which that section relates. (2) The court which is empowered under subsection (2)(b) of section 34 of the Act of 2010 to grant permission for a disposition or removal of household chattels within the meaning of that section is, notwithstanding anything in section 140 of that Act, the court before which the proceedings, including proceedings for a barring order or a safety order, have been instituted. Hearing of applications under Acts together 15. (1) Where an application is made to the court for an order under this Act, the court may, on application to it in the same proceedings and without the institution of proceedings under one or more of the Acts referred to in subsection (2), if it appears to the court to be proper to do so, make one or more of the orders specified in that subsection. (2) The orders specified for the purposes of subsection (1) are orders made under— (a) section 11 of the Act of 1964, (b) section 5 , 5A, 5B, 6 , 7 or 21A of the Family Law (Maintenance of Spouses and Children) Act 1976 , (c) section 5 or 9 of the Act of 1976, (d) the Act of 1991, or (e) section 30, 34 or 45 of the Act of 2010. Protection against cross-examination by applicant or respondent 16. (1) Where— (a) an application is made to a court for a specified order, (b) a person under the age of 18 years is to give evidence, and (c) the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally, the court shall direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross-examination personally. (2) Where— (a) an application is made to a court for a specified order, (b) a person who has attained the age of 18 years (being the applicant for the specified order, an aggrieved person under section 11 , a dependent person or the respondent to that application) is to give evidence, and (c) the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally, the court may direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross- examination personally. (3) Where an applicant or respondent, as the case may be, is prevented from cross-examining a witness by virtue of subsection (1) or (2), the court shall— (a) invite the applicant or respondent to arrange for a legal representative to act for him or her for the purpose of cross-examining the witness, and (b) require the applicant or respondent to notify the court, by the end of such period as it may specify, as to whether a legal representative is to act for him or her for that purpose. (4) If by the end of the period referred to in subsection (3)(b), the applicant or respondent has notified the court that no legal representative is to act for him or her for the purpose of cross-examining the witness or no notification has been received by the court and it appears to the court that no legal representative is to so act, the court shall consider whether it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose. (5) If the court decides under subsection (4) that it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose, the court shall appoint a legal representative (chosen by the court) to cross-examine the witness on behalf of the applicant or respondent. Requirement to give reasons for certain decisions 17. Where an application is made to a court for a specified order, the court shall give reasons for its decision— (a) to grant or refuse the application, (b) if applicable, to make the specified order subject to exceptions or conditions, and (c) to vary the exceptions or conditions referred to in paragraph (b). Taking effect of orders 18. (1) A relevant order shall take effect on notification of the making of the relevant order concerned being given to the respondent. (2) Oral communication to the respondent by or on behalf of the applicant of the fact that a relevant order has been made, together with production of a copy of the relevant order, shall, without prejudice to the sufficiency of any other form of notification, be taken to be sufficient notification to the respondent of the making of the order. (3) If the respondent is present at a sitting of the court at which the relevant order is made, that respondent shall be taken for the purposes of subsection (1) to have been notified of its making. (4) A court may direct that a relevant order be served personally by a member of the Garda Síochána on a respondent who is not present at a sitting of the court at which the order is made in any case where— (a) there are reasonable grounds for believing that the respondent may evade service of the order, or (b) there is any other good and sufficient reason to so direct. (5) In this section, “relevant order” means— (a) a safety order, barring order, interim barring order, emergency barring order or protection order, or (b) an order varying an order referred to in paragraph (a). Copies of orders to be given to certain persons 19. (1) The court, on making, varying or discharging a safety order or a protection order, shall cause a copy of the order in question to be given or sent as soon as practicable— (a) to the applicant for the safety order or, in respect of a protection order, the applicant for the safety order or barring order concerned, (b) to the respondent to the application for the safety order or, in respect of a protection order, the respondent to the application for the safety order or barring order concerned, (c) where the Agency has made the application by virtue of section 11 for the safety order or, in respect of a protection order, for the safety order or barring order concerned, to the Agency, (d) to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the person, for whose benefit the safety order or protection order was made, resides, and (e) where the order in question is a variation or discharge of a safety order or a protection order and the person for whose benefit the order was made had previously resided elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which that person had so resided but only if that member had previously been sent under this subsection a copy of that safety order, protection order, or any order relating thereto. (2) The court on making, varying or discharging a barring order or an interim barring order shall cause a copy of the order in question to be given or sent as soon as practicable— (a) to the applicant for the barring order, (b) to the respondent to the application for the barring order, (c) where the Agency has made the application by virtue of section 11 for the barring order concerned, to the Agency, (d) to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the place, in relation to which the application for the barring order was made, is situated, and (e) where the order in question is a variation or discharge of a barring order or an interim barring order and the place in respect of which the previous order was made is elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which that place is situated but only if that member had previously been sent a copy of the barring order or interim barring order that has been varied or discharged or any order relating thereto. (3) The court on making, varying or discharging an emergency barring order shall cause a copy of the order to be given or sent as soon as practicable— (a) to the applicant for the emergency barring order, (b) to the respondent to the application for the emergency barring order, (c) where the Agency has made the application by virtue of section 11 for the emergency barring order concerned, to the Agency, (d) to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which the place, in relation to which the application for the emergency barring order was made, is situated, and (e) where the order in question is a variation or discharge of an emergency barring order and the place in respect of which the previous order was made is elsewhere, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which that place is situated but only if that member had previously been sent a copy of the emergency barring order that has been varied or discharged or any order relating thereto. (4) The court on making, varying or discharging a safety order, a barring order, an interim barring order, an emergency barring order or a protection order on the application of, or on behalf of, a person who is not of full age, shall cause a copy of the order in question to be given or sent as soon as practicable to the Agency. (5) The validity of an order to which this section relates shall not be affected by non-compliance with subsections (1), (2), (3) or (4). Effect of appeal from order 20. (1) An appeal from a safety order or a barring order shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination. (2) An appeal from a protection order, an interim barring order or an emergency barring order shall not stay the operation of the order. Discharge of orders 21. (1) Where a safety order, barring order, interim barring order, emergency barring order or protection order has been made, any of the following persons may apply to the court that made the order to have the order discharged: (a) where the application for the order was made by the Agency in respect of a dependent person by virtue of section 11 — (i) the Agency, (ii) the person referred to in subsection (1)(c) of that section, or (iii) the respondent to that application; (b) where the application for the order was made by the Agency in respect of any other person (other than a dependent person referred to in paragraph (a)) by virtue of section 11 — (i) the Agency, (ii) the applicant for that order, or (iii) the respondent to that application; (c) in any other case— (i) the applicant for the order, or (ii) the respondent to the application for the order. (2) The court shall, on an application under subsection (1), discharge the order if it is of the opinion that the safety and welfare of the applicant or the dep …