STATUTORY INSTRUMENTS.

S.I. No. 104 of 2000.

CIRCUIT COURT RULES (No. 1) (DOMESTIC VIOLENCE ACT, 1996), 2000.

S.I. No. 104 of 2000.

CIRCUIT COURT RULES (No. 1) (DOMESTIC VIOLENCE ACT, 1996), 2000.

WE, THE CIRCUIT COURT RULES COMMITTEE, constituted pursuant to the provisions of section 69 of the Courts of Justice Act, 1936 , and section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act, 1924 , and section 70 of the Courts of Justice Act, 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ) and section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 1st day of October, 1999.

(Signed):  Esmond Smyth

(Chairman of the Circuit Court Rules Committee)

Kieran O'Connor

Carroll Moran

Anne Dunne

Fergal Foley

Gerard J. Doherty

Joe Deane

Susan Ryan (Secretary)

I concur in the making of the above Rules of Court.

Dated this 30th day of March, 2000.

Signed: JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

CIRCUIT COURT RULES (No. 1) (DOMESTIC VIOLENCE ACT, 1996), 2000.

1. These Rules may be cited as the Circuit Court Rules (No. 1) (Domestic Violence Act, 1996), 2000 and shall come into operation on the 28th day of April, 2000.

2. The Order referred to in these Rules shall be added to and construed together with those orders contained in the Circuit Court Rules, 1950, as amended.

ORDER 66

DOMESTIC VIOLENCE ACT, 1996

1. In this Order “the Act” means the Domestic Violence Act, 1996 (No. 1 of 1996) . These Rules shall be substituted for the Rules contained in Circuit Court Rules (No. 3) of 1982 ( S.I. No. 152 of 1982 ) which are hereby revoked, subject only to the provisions contained in Rule 2 hereof.

Transitional

2. All applications made or proceedings taken before these Rules shall have come into operation but which are in accordance with the then existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with these Rules.

Venue

3. In accordance with section 14 of the Act, an application under this Order shall be brought in the county where the applicant in the proceedings ordinarily resides (subject to section 14(2) of the Act) or where the place in relation to which the application for a Barring Order is made is situate save that, where the application is made by a health board pursuant to section 6 of the Act, the application shall be brought in the country where any party on whose behalf the application is made ordinarily resides or where the place in relation to which the application for a Barring Order is made is situate.

Forms

4. An application for the making, varying or discharging of a Barring Order of Safety Order shall be instituted by the completion and signature of a Domestic Violence Civil Bill in the form specified in the Schedule of Forms attached hereto or such modification thereof as may be appropriate in the circumstances.

Interim

5. An application for a Protection Order may be made by Motion on Notice or by ex parte application after the institution of proceedings for a Barring Order or Safety Order and an application for an interim Barring Order may be made by Motion on Notice or by ex parte application after the institution of proceedings for a Barring Order and such applications shall be grounded upon an affidavit to be sworn by the applicant or such other person as may be appropriate. An application for the discharge or variation of a Protection Order or interim Barring Order made pursuant to this Rule shall be by Motion on Notice or by ex parte application and shall be grounded upon an affidavit to be sworn by the respondent or such other person as may be appropriate. Urgent applications under this Rule may be made to a Judge at any time or place approved by him or her, by arrangement with the County Registrar. Where interim relief of any nature is granted following an ex parte application, the applicant shall forthwith cause a Notice of Motion to issue in respect of the reliefs which are being sought and/or affirming the ex parte Orders which have been made, such Motion to be returnable before the Court not later than 8 days following the granting of the ex parte relief and to be served upon the respondent in accordance with the provisions of Rule 9 hereof, unless otherwise directed by the Court. Save where otherwise directed by the Court, all ex parte Orders obtained shall lapse upon the expiration of 8 days following the making thereof.

Entry

6. Every Domestic Violence Civil Bill under Rule 4 of this Order shall be entered in the Office before service and a date for the hearing of same or a date upon which a date for hearing shall be fixed by the Court shall be obtained.

Dates

7. Every Domestic Violence Civil Bill under Rule 4 of this Order shall state the date upon which the application shall be listed for hearing or shall state the date upon which a date for hearing shall be fixed by the Court. For the purpose of obtaining an expeditious hearing of such application, the same may be set down for hearing at any sitting of the Court within the Circuit.

Signature

8. Every Domestic Violence Civil Bill under Rule 4 and every Notice of Motion and every ex parte docket shall be dated and bear the name, address and description of the applicant and shall be signed by the applicant or by the applicant's solicitor.

Service

9. Every Domestic Violence Civil Bill under Rule 4 and every Notice of Motion under Rule 5 shall be served at least four clear days before the date scheduled for the hearing thereof, either personally in accordance with the provisions of Order 10 of the Circuit Court Rules, 1950, as amended, or alternatively, by leaving a true copy of the same at the respodent's residence. In the event that there is no Summons Server assigned to the relevant area any person over the age of twenty-one years shall be deemed to be an authorised person for the purpose of the service of such Domestic Violence Civil Bill or Notice of Motion. An Affidavit of Service of every Domestic Violence Civil Bill under Rule 4 and every Motion on Notice under Rule 5 shall be sworn and shall be handed in at the hearing of the application or Motion.

Evidence

10. Save by special leave of the Court, all applications made ex parte or by Motion on Notice for an interim Barring Order or Protection Order or for the variation or discharge of same pursuant to Rule 5 hereof shall be heard on affidavit evidence only and where, by leave of the Court, any oral evidence is heard by the Court in the course of such applications ex parte, a note of such evidence shall be prepared by the applicant or the applicant's solicitor or the health board or the solicitor for the health board and approved by the Judge, unless otherwise directed by the Court. Save by special leave of the Court, all applications for a Barring Order or Safety Order and all applications for a variation or discharge of any Barring Order or Safety Order pursuant to Rule 4 hereof shall be heard on oral evidence.

Joinder

11. Any application for a Barring Order or Safety Order may be joined together with any other application on the same Notice or application.

Orders (Service)

12. On the making, varying or discharging of a Barring Order, a Safety Order, an interim Barring Order or a Protection Order, the County Registrar shall cause a copy of the Order in question to be given or sent as soon as practicable to the applicant, to the respondent, to the health board where application was made by a health board pursuant to section 6 of the Act, to the member of the Garda Síochána in charge of the Garda Síochána station for the area in which is situate the place in relation to which the application for the Barring Order or interim Barring Order was made or 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 or such other area as the Court shall deem appropriate and to such other persons as are specified in section 11 of the Act. Where an interim Barring Order or Protection Order is made ex parte, the copy Order sent to the respondent spouse shall have enclosed therewith a copy of the affidavit upon which the application was grounded and a copy of the approved note of any oral evidence heard in the course of such application, unless otherwise ordered by the Court.

SCHEDULE

FORM NO. 1

THE CIRCUIT FAMILY COURT

IN THE MATTER OF THE DOMESTIC VIOLENCE ACT, 1996 SECTION 2/3/6

APPLICATION FOR A BARRING/SAFETY ORDER

BETWEEN:

A.B.

APPLICANT

[where application is made by a health board pursuant to section 6 of the Act, the application shall so specify together with the name of the aggrieved person or persons on whose behalf the application is being made]

AND

C.D.

RESPONDENT

DOMESTIC VIOLENCE CIVIL BILL

TAKE NOTICE that the above named Applicant/health board [delete as appropriate] of              in the County   of                              hereby applies to the Court sitting at                          pursuant to section 2 and/or section 3 and/or section 6 (delete as appropriate) for the following Order or Orders:

(Insert details of reliefs sought)

AND TAKE NOTICE that the Applicant/health board [delete as appropriate] will rely on the following matters in support of this application:

(Insert details of relationship between the Applicant (or, where the application is made by a health board, the person or persons for whose benefit the application is made) and the Respondent, the respective places of residence of the Applicant (or, where the application is made by a health board, the person or persons for whose benefit the application is made) and the Respondent, the names and dates of birth of any dependent persons and their places of residence and the grounds upon which the relief and/or reliefs are being sought.)

AND TAKE NOTICE that the application will be listed by the Court on the       day of                 , 20 and will be heard at that time/at whichtime a date for hearing will be fixed (delete as appropriate).

Dated the           day of 20   .

Signed:............................................................ ............................................................ .......................................

APPLICANT OR SOLICITOR FOR THE APPLICANT OR HEALTH BOARD OR SOLICITOR FOR THE HEALTH BOARD

Address:............................................................ ............................................................ ....................................

To: The Respondent or Respondent's Solicitors Address

and

The County Registrar.

FORM NO. 2

THE CIRCUIT FAMILY COURT

IN THE MATTER OF THE DOMESTIC VIOLENCE ACT, 1996 SECTION 2/3/13

APPLICATION FOR VARIATION/DISCHARGE OF BARRING/SAFETY ORDER

BETWEEN:

A.B.

APPLICANT

[where application is made by a health board pursuant to section 6 of the Act, the application shall so specify together with the name of the aggrieved person or persons on whose behalf the application is being made]

AND

C.D.

RESPONDENT

DOMESTIC VIOLENCE CIVIL BILL

TAKE NOTICE that the above named Applicant/health board [delete as appropriate] of                                                     in   the    County   of                               hereby   applies   to   the   Court   sitting   at                                     pursuant to section 2 and/or section 3 and/or section 13 (delete as appropriate) for the following Order or Orders: (Insert details of reliefs sought)

AND TAKE NOTICE that the Applicant/health board [delete as appropriate] will rely on the following matters in support of this application:

(Insert details of relationship between the Applicant (or, where the application is made by a health board, the person or persons for whose benefit the application is made) and the Respondent, the respective places of residence of the Applicant (or, where the application is made by a health board, the person or persons for whose benefit the application is made) and the Respondent, the names and dates of birth of any dependent persons and their places of residence, details of the Order or Orders in respect of which a variation and/or discharge is being sought and the grounds upon which the relief and/or reliefs are being sought.)

AND TAKE NOTICE that the application will be listed by the Court on the       day of                  , 20 and will be heard at that time/at which time a date for hearing will be fixed (delete as appropriate).

Dated the          day of 20

Signed:............................................................ ............................................................ ......................................

APPLICANT OR SOLICITOR FOR THE APPLICANT OR HEALTH BOARD OR SOLICITOR FOR THE HEALTH BOARD

Address:............................................................ ............................................................ ....................................

To: The Respondent or Respondent's Solicitors Address

and

The County Registrar.

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 the 28th day of April, 2000 provide for procedures in relation to making applications to the Circuit Court under the Domestic Violence Act, 1996 (No. 1 of 1996) . These Rules are in substitution for the Rules contained in Circuit Court Rules (No. 3) of 1982 ( S.I. No. 152 of 1982 ) which are hereby revoked.