You should know
If you are in immediate danger or you feel you or someone connected to you are not safe, you should contact the Gardaí immediately by calling 999 or 112.
What a civil restraining order is
Civil restraining orders are also known as 'Section 28 Orders'. They are issued by a judge in the District Civil court. They direct a person to stop engaging in certain unwanted behaviours against another person, for example stalking and harassment. Stalking and harassment are unwanted patterns of behaviour that impact your daily life. They can cause you to feel distress or fear violence will be used against you. This includes but is not limited to following or impersonating a person, harmful threats or repeated unwanted contact.
If you are the person asking for an order, you are known as the applicant. The person you are asking the court to make an order against is called the respondent. You will need to provide an address for the respondent to make an application.
It is possible to ask for an order against more than one respondent. You should check this with the court office.
There are three types of civil restraining orders that you can apply for. For more information on the different types of civil restraining orders, please see our types of civil restraining orders page.
The current fee to make a civil restraining order application is €80.
A judge may decide that either the applicant or respondent has to pay for the costs of the case. This could include the court fee or legal fees that a party has had to pay to make the application.
Who can apply for a civil restraining orders
If you or someone connected to you (for example a child or partner) believe you are experiencing stalking or harassment, then you can make an application for a civil restraining order.
If you are under 18 years of age your parent or guardian can make an application for a civil restraining order on your behalf. If the respondent is under 18, you will have to name their parent or guardian on your application.
A member of An Garda Síochána who is aware of your situation, may be able to make the application on your behalf. They will need to attend the court office with you to make your application. There is no fee if this happens.
If the respondent is a previous or current intimate partner or a family member, you may be able to apply for a domestic violence order. Please see our domestic violence pages for more information.
A civil restraining order might not be right for you. You should consider visiting our legal advice and mediation page to better understand the options available to you.
What a civil restraining order does
A civil restraining order directs a person to stop engaging in certain unwanted behaviours against you or someone connected to you. If granted, they can direct the person causing harm to stay away from you, stop contacting you or a connected person or to avoid certain places.
If the respondent(s) fails to follow the directions set out in the order you can call An Garda Síochána. The respondent(s) may be charged with a criminal offence for breaking the order and be arrested. If they are convicted they could face serious consequences including a fine or time in jail.
If you are worried that you are being stalked or harassed please see our who can help page for information on support services who may be able to help you.
