Courts.ie - I have been served

If you have been served with a civil restraining order summons

If you have been served with a Summons for a Civil Restraining Order, it means that another person is applying to the court for a civil restraining order against you. The person who has applied to the court is called the applicant. You are called the respondent.

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.

What you can do when you have been served with a summons

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 may decide to:

Grant an order: The judge agrees to give the applicant the order they applied for. The order will set out how long it lasts and any conditions.
Refuse the order: The judge does not agree to give the applicant the order they applied for.
Adjourn the application: The judge postpones the decision to a later date, usually when more details or evidence are needed.
Strike out the application: The judge dismisses or cancels the application. This can happen if the applicant or their solicitor fails 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. 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.

If 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 led 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.