District Court restraining orders Practice Direction
Mr Justice Paul Kelly, president of the District Court, has issued a Practice Direction on restraining orders.
It has been issued under section 36 of the Courts (Supplemental Provisions) Act, 1961 as amended.
Applications to the court pursuant to section 28 or section 30 of the Criminal Justice (Miscellaneous Provisions) Act 2023 should always be grounded on one of the following:
- In the case of an ex-parte application under section 28(7) for immediate relief, a sworn information as set out in District Court Rules Form No. 96C.10 in appendix A,
- In the case of an application under section 28(1) where immediate relief is not being sought, an unsworn information as set out in appendix B,
- In the case of an application under section 28(12) when an interim order is applied for, a sworn information set out in District Court Rules Form No. 96C.10 in appendix C.
Appropriate information
Where an application is being made to the court for any of the orders listed above, the applicant must complete the appropriate information for the type of order sought.
This information should set out the grounds for making the application and the applicant should specify the kind of conduct the respondent is alleged to have engaged in and provide a detailed description of the alleged actions of the respondent that they will rely on in their application.
A copy of the information/sworn information must be served/sent with the summons for Restraining Order/Application for Interim Order on the respondent in all cases.
This practice direction applies to all Districts with effect from 1 April.