What an ex-parte order is
An ex-parte order is a temporary court order used in urgent situations where immediate action is required. You can apply when there is an immediate threat to your safety and welfare. It directs a person engaging in certain unwanted behaviours against another person to stop these behaviours. "Ex-parte" means the order is made without the other person being present in court. You can apply for an ex-parte order at the same time that you are making an application for a civil restraining order. There is no fee to apply for this order.
The ex-parte order lasts up to 8 days.
Making your ex-parte interim application
If you want to make an application for an ex-parte order, you must fill in an Information for Ex-Parte Order. On your information form you must explain why you need protection right away. You must include details about the respondents behaviour. You must show that they have caused you to feel distress or fear violence will be used against you. You should include specific examples, like dates, times and what happened.
Once you have filled in your information form, you must sign it and give it to the court staff in the office.
What happens next
After you have made your application, court office staff will arrange for your application to be heard before a judge as soon as possible.
Your application will be heard in private. Only a small number of people are allowed in the courtroom with you. These may include: the judge, a court registrar, your legal representative (solicitor or barrister, or both) and a member of An Garda Síochána.
You can request that somebody be able to accompany you in court. You can also request permission to give evidence remotely by video-link. The judge will decide in each case whether it is appropriate to allow this.
Going to court can be a stressful experience, please see our preparing for Civil Law court pages for more information on how to prepare
The judge will read your information form but they may also ask you for more information to help them make a decision.
The judge will make a decision on your application. There are two possible decisions:
Your ex-parte order is granted
This means the judge agrees to give you the temporary ex-parte order that you applied for. The ex-parte order lasts up to 8 days. You will receive a copy of the ex-parte order. The court order comes into effect once the respondent is made aware that it has been made.
The judge will decide who will serve the documents on the respondent. This will be either the Courts Service or the Gardaí. You may have contact with the respondent before the documents are served. If it is safe to do so, you should make the respondent aware that an order has been made and give them a copy of the order. By doing this, the respondent is considered to be notified.
You will also receive a court summons. This is a notification for you and the respondent to appear in court at a future date for the hearing of your civil restraining order application. Your hearing will be within eight days of your ex-parte order being granted.
Your ex-parte order is refused
This means the judge does not grant the temporary ex-parte order you are applying for. However, your application for a civil restraining order can still be heard.