An Interim Barring Order is a temporary or short-term order. It is also an immediate order.
It directs the respondent to leave - and stay away from - your home and any dependent children. They must do this once they are aware that the order is in place. In some cases, it can direct them to stop using - or threatening to use - violence against you or putting you in fear. It may also direct them to stop following you, or communicating verbally or electronically with you or dependent children.
A judge can make this order if they believe there is an immediate risk of significant harm to you or dependent children and that a Protection Order would not be a sufficient safeguard.
You can apply for an Interim Barring Order while you wait for the court to hear your full application for a full Barring Order. Both applications can be made at the same time.
Applications for an Interim Barring Order are usually made 'ex-parte'. This means that the application is made without the respondent being made aware.
How long does an Interim Barring Order last?
It remains in place for a maximum 8 working days or until the court hears your application for a full Barring Order.
If you do not appear in court for the hearing of your Barring Order application, your application may be 'struck out' by a judge. This means that the protection of the short-term Interim Barring Order is no longer in place.
Who can apply for an Interim Barring Order?
A current spouse or civil partner of the respondent can apply.
The following people may also apply if they have an equal or greater interest in the property than the respondent. This is called "satisfying a property test":
- Former spouse or civil partner.
- A person who lives or lived with the respondent in an intimate relationship. The nature of the relationship will be a matter for the court to decide.
- A parent of a respondent where the respondent is over 18 years of age but is not a dependent of the parent.
Tusla, the Child and Family Agency, can apply on behalf of any eligible aggrieved person. This means someone who in the opinion of Tusla is vulnerable to, or the victim of, domestic violence This person may be an adult or a dependent person.