Civil Restraining Orders in Ireland
Feeling unsafe or harassed? Or maybe you’ve been served with court papers you don’t understand? In Ireland, a Civil Restraining Order is a powerful legal tool designed to stop unwanted behaviour. New rules for these orders took effect on 2 September 2024, and understanding them is vital—because breaching one can lead to serious criminal consequences.
What Is a Civil Restraining Order?
A civil restraining order (also known as a Section 28 Order) is a legally binding instruction from the District Court requiring someone to stop harmful behaviour.
These orders can apply to many types of “relevant conduct,” including:
• Using or threatening violence, harassing, or causing fear.
• Following someone or contacting them—or their family and friends—in any way.
• Approaching a person’s home, workplace, or school within a set distance.
• Any other behaviour the court decides must stop.
A Civil Restraining Order can last for up to five years, though the court may set a shorter period.
How the Courts Handle Civil Restraining Orders
Here’s how the process usually works in the District Court:
1. Application – The process starts by issuing a summons to the respondent (the person the order is sought against). This summons requires them to attend court.
2. Judge’s Decision – The judge will only make an order if satisfied that:
• The unwanted behaviour occurred, and
• The order is necessary and fair to keep the applicant safe.
3. Urgent Protection (Temporary Orders):
• Emergency “Ex-Parte” Order – For immediate danger, a judge can make an order without notifying the other person. It usually lasts up to 8 days (or shorter if the court decides). There is no court fee for this urgent application, and it’s based on sworn evidence.
• Interim “Inter-Partes” Order – If a main application is already underway and behaviour worsens, the applicant can seek an interim order. This time, the other party is notified, and the order stays in place until the main case is heard.
4. Changing or Cancelling an Order – Either party can apply to vary (change) or discharge (cancel) an order. The judge will decide if the order is still needed to protect safety.
5. Notification – Once an order is made, changed, or cancelled, the court clerk sends copies to all parties and to An Garda Síochána. In urgent cases, the Gardaí can personally serve the order—or it can even be sent electronically.
Breaking a Civil Restraining Order Is Serious
Breaching a Civil Restraining Order is a criminal offence.
• Gardaí can arrest without a warrant if they believe the order is being broken.
• A breach can result in a Class B fine, up to 12 months in prison, or both.
• Additional penalties, including contempt of court, may also apply.
Why Legal Advice Matters
Whether you need protection through a Section 28 Civil Restraining Order or you’ve been served with one and want to defend yourself, expert legal advice is essential. These orders can affect your safety, your reputation, and your future.
Contact Us for Expert Support
Our team specialises in defending and advising on Civil Restraining Orders in Ireland, including urgent ex-parte and interim applications. If you’re applying for protection—or responding to an application—contact us today for clear, confidential legal advice.