An Emergency Barring Order is a temporary or short-term order. It is also an immediate order.
It directs the respondent to leave - and stay away from - your home and dependent children. In some cases, it can direct them to stop using - or threatening to use - violence against you or putting you in fear. It may also direct them to stop following you, or communicating verbally or electronically with you or dependent children.
A judge can make this order if they believe there is an immediate risk of significant harm to you or dependent children.
It is only made where you have less ownership rights in the home than those of the respondent.
How long does an Emergency Barring Order last?
An Emergency Barring Order can last for a maximum of 8 working days.
When the 8-day time limit ends, you may have to wait for one month to apply for another. In exceptional circumstances, a judge can waive or ignore this one-month wait time.
Who can apply for an Emergency Barring Order
The following people and organisations can apply:
- A person who lives or lived with the respondent in an intimate relationship. The nature of the relationship will be a matter for the court to decide.
- A parent of a respondent where the respondent is over 18 years of age but is not a dependent of the parent.
- Tusla, the Child and Family Agency, on behalf of an aggrieved person. This means someone who in the eyes of Tusla is vulnerable to, or the victim of, domestic violence. This person may be an adult or a dependent person
An Emergency Barring Order is only granted where the applicant has no legal rights to the property or where their legal rights are less than the respondent's.
How to apply for an Emergency Barring Order
If you want to apply to apply for an Emergency Barring Order, you should visit or contact the court office for your District Court Area.
Applications for an Emergency Barring Order are usually made 'ex-parte'. This means that the application is made without the respondent being made aware.