I have been served with a civil restraining order

You have been served with a civil restraining order

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 someone applies for an emergency order or you have failed to attend your court date, an order can be made without you being present.

If you have been served with a civil restraining order, you are known as the respondent. The person who has been granted the order is known as the applicant.

What you can do

You should read the order and any other included documents very carefully. The order will contain information about what you must do. It will also tell you how long the order is in place for. Depending on the type of order that you have been sent, the documents may include the applicant's account of your behaviour that lead to the order.

The terms of a civil restraining order apply once you have received it. You must obey the court order. Breaching a civil restraining order is a criminal offence and can be punishable by fine, imprisonment, or both.

You have the right to appeal if you are not happy with the decision of the judge. If you want to appeal the order of a District Court judge, you must file your appeal documents within fourteen days of the hearing. Please see our appeals page for more information

You can also apply to the court to vary or discharge the order. Our changing your civil restraining order page provides more information on how to do this.

You should visit our legal advice and mediation page to better understand the options available to you.