Court Rules

1. (1) These Rules, which shall come into operation on the 15th day of March 2019, may be cited as the District Court (Domestic Violence) Rules 2019.

(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2019.

2. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:

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(ii) by the substitution for rule 4 of Order 61A of the following rule:

“Accompanying persons and support workers

4. (1) Where a party (in this rule referred to as the “applicant”) wishes to be accompanied in court in any proceedings referred to in section 40(5) of the 2004 Act, save for proceedings to which section 26 of the Domestic Violence Act 2018 applies, by another person (in this rule referred to as “the accompanying person”), the applicant must, unless the Court otherwise directs, complete a notice of application in the Form 61A.1, Schedule C.

(2) Where the other party or parties agree to the accompanying person, the applicant must lodge  Form No. 61A.1 duly completed, with the Clerk prior to the commencement of the hearing in the proceedings, and must apply to the Court at that hearing to approve the accompanying person and for such directions as the Court may give under section 40(5) of the 2004 Act.

(3) Except in ex parte applications, where the other party or parties have not agreed to the accompanying person, the applicant must, by application to the Court in the  Form No. 61A.1, on notice to the other party or parties, returnable not later than seven days prior to the date fixed for the hearing in such proceedings, apply to the Court to approve the accompanying person and for such directions as the Court may give under section 40(5) of the 2004 Act.

(4) In ex parte applications, subject to the lodgment of  Form No. 61A.1 duly completed in accordance with sub-rule (1), the approval of any accompanying person is at the discretion of the Court.

(5) On any application concerning an accompanying person, the Court, having heard any submission made by or behalf of any other party to the proceedings, may allow the accompanying person to attend the proceedings (or any part of the proceedings) subject to such directions as the Court may give in that regard.

(6) The Court may, of its own motion or on the application of any party or person, vary or modify any directions given under section 40(5) of the 2004 Act during the course of the proceedings.

(7) Where an applicant in proceedings under the Domestic Violence Act 2018 wishes to be accompanied in court in the proceedings by an individual (including a support worker) in accordance with section 26 of the Domestic Violence Act 2018, the applicant must, before or at the commencement of the hearing in the proceedings, provide the Court with details of the name and address of the individual accompanying the applicant and, where the individual is a support worker, the name and address of the organisation with which the support worker volunteers, or by which the support worker is employed or engaged.

(8) The Court may, of its own motion or on the application of any party or person, make an order under section 26(2) of the Domestic Violence Act 2018 at any stage of the proceedings.”

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