What you can do when you have been served with a summons
If you have been served with a Summons for a Civil Restraining Order, it means that another person has applied to the court for a civil restraining order against you.
It also means you have to appear in court for the judge to make a decision on the application. The summons will tell you the date, time, and place of the court hearing for the civil restraining order application.
Once you have read and understood what's in the summons, your next steps are:
1. Consider legal advice and support services
If granted, civil restraining orders can restrict you from contacting or interacting with the applicant.
You should visit our legal advice and mediation page to better understand the options available to you.
You can decide to represent yourself in your civil restraining order case. If you decide to represent yourself, you will need to understand court procedures.
2. Attend your court hearing
The summons will tell you the date and time of the court hearing for civil restraining order application.
You must show up in court on the appointed date and time. The applicant is also expected to attend this full hearing.
Your application will be heard in private. Only a small number of people are allowed in the courtroom. This includes the judge and the court registrar. Legal representatives involved in the application and a member of An Garda Síochána may also attend.
Both of you can give evidence to the court. This means you will have to take an oath or affirmation and give relevant information about the application. Cross-examination may take place, the judge will decide how this will happen. They may only allow questions to be asked by a solicitor or barrister, in some situations they may allow questions be asked personally by you or the other side.
Going to court can be a stressful experience, please see our preparing for Civil Law court pages for more information on how to prepare.
Outcomes of your hearing
After hearing the evidence the judge will make a decision. They may decide to:
1. Grant an order
This means they agree to give the applicant the order that they applied for. It also sets out details of how long it will last and other directions.
2. Refuse the order
This means they do not agree to give the applicant the order that they applied for.
3. Adjourn the application.
This means postponing a decision on an application to a later date. This happens when more details or evidence are needed.
4. Strike out the application.
This means dismissing or cancelling an application. This can happen if the applicant or their solicitor fail to appear in court.
3. After the court hearing
If a court order is granted:
- You and the applicant will receive a copy of the order.
- The court office will send a copy to An Garda Síochána for their records.
It is a criminal offence to breach a civil restraining order order. Breaching an order 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 wish to appeal the decision, you must file your appeal documents within fourteen days of the court hearing. Please see our appeals page for more information.