What an interim order inter partes is
An interim order is a temporary court order. It can be applied for after you have made a civil restraining order application and the summons has been served on the respondent. Inter partes means that the respondent is aware that the application has been made. It is used in urgent situations where the behaviour of the respondent has gotten worse and immediate action is now required. It directs a person engaging in certain unwanted behaviours against another person to stop these behaviours. There is an additional €25 fee if you apply for this order. This type of order stays in place until your civil restraining order hearing is finalised.
Making your interim order application
If you want to make an application for an interim order, you must fill in an Information for Interim Order and Notice of Application for Interim Order.
On your information form you must explain why you need protection right away. You must include details about how the respondents actions have gotten worse since the summons was served. 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. Your application will be shared with the respondent ahead of the court date.
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.
You must show up in court on the appointed date and time. The respondent may attend this hearing and they may have legal representation.
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
The interim order is granted
This means the judge agrees to give you the temporary order that you applied for. It also means you can continue to apply for a civil restraining order. You will receive a copy of the court order. The inter-party order comes into effect once the respondent is aware that it has been made. If the respondent attended court for your hearing, they are considered notified.
If the respondent did not attend court, the judge will decide who will serve the documents. 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.
The interim order is refused
This means the judge does not grant the temporary interim order inter partes that you are applying for. However, your application for a civil restraining order can still be heard.