Domestic Violence Act, 1996

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Interim barring order.

4.—(1) If, on the making of an application for a barring order or between the making of such application and its determination, the court is of the opinion that there are reasonable grounds for believing that—

(a) there is an immediate risk of significant harm to the applicant or any dependent person if the order is not made immediately, and

(b) the granting of a protection order would not be sufficient to protect the applicant or any dependent person,

the court may, subject to section 7 and having taken into account any order made or to be made to which paragraph (a)or (d)of subsection (2)of section 9 relates, 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 that dependent person resides, to leave such place, and

(ii) whether the respondent is or is not residing at a place where the applicant or that dependent person resides, prohibit that respondent from entering such place until further order of the court or until such other time as the court shall specify.

(2) Subsections (3), (4), (5), (6), (7) and (12) of section 3 shall apply to an interim barring order as they apply to a barring order.

(3) Where the court in exceptional cases considers it necessary or expedient in the interests of justice, an interim barring order may be made ex parte or notwithstanding the fact that the originating document or other notice of the application required to be duly served on the respondent to the application for a barring order has not been so served.

(4) An interim barring order shall cease to have effect on the determination by the court of the application for a barring order.

(5) Notwithstanding subsection (4), so much of an interim barring order as was made for the benefit of a dependent person shall cease to have effect in accordance with that subsection or upon such person ceasing to be a dependent person, whichever first occurs.