Family Law (Maintenance of Spouses and Children) Act, 1976
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Barring of spouse from family home. |
22.—(1) On application to it by either spouse, the Court may, if it is of opinion that there are reasonable grounds for believing that the safety or welfare of that spouse or of any dependent child of the family requires it, order the other spouse, if he is residing at a place where the applicant spouse or that child resides, to leave that place, and, whether the other spouse is or is not residing at that place, prohibit him from entering that place until further order by the Court or until such other time as the Court shall specify. | |
(2) Either spouse may apply at any time to the Court that made it for the discharge of an order under this section, and the Court shall discharge the order if it is satisfied that it is proper to do so and that the safety and welfare of the spouse on whose application the order was made or any dependent child will not be prejudiced by the discharge. | ||
(3) Without prejudice to the law as to contempt of court, where a person— | ||
(a) contravenes an order under this section, or | ||
(b) while an order under this section directed against him is in force, molests or puts in fear his spouse or a dependent child, | ||
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both. | ||
(4) In subsections (1) and (2) of this section “the Court” means the High Court, the Circuit Court or the District Court, and— | ||
(a) the District Court shall have jurisdiction in relation to proceedings under this section irrespective of the rateable value of the place to which the proceedings relate, but any order made by the District Court shall, subject to subsection (5) of this section, expire three months after the date of its making but may be renewed from time to time by order of the District Court, on application to it by a person in whose favour the order was made, for further periods of three months but not exceeding three months in respect of any one renewal, | ||
(b) the Circuit Court (except on appeal from an order of the District Court) shall not have jurisdiction in relation to proceedings under this section where the rateable value of the place to which the proceedings relate exceeds £100, | ||
(c) an order made by the Circuit Court on appeal from an order of the District Court under subsection (1) of this section in relation to a place the rateable value of which exceeds £100 shall, subject to subsection (5) of this section, expire three months after the date of its making but may be renewed from time to time by order of the District Court, on application to it by a person in whose favour the order was made, for further periods of three months but not exceeding three months in respect of any one renewal. | ||
(5) An order under this section shall expire upon the determination of any matrimonial cause or matter in the High Court between the spouses or of any proceedings between the spouses under the Guardianship of Infants Act, 1964 , in the High Court or Circuit Court, and the Court determining any such cause, matter or proceedings may, in the cause, matter or proceedings, make an order under this section irrespective of the rateable value of the place to which the order relates. | ||
(6) An appeal from an order under this section shall, if the court that made the order or the court to which the appeal is brought so determines, but not otherwise, stay the proceeding upon the order upon such terms (if any) as may be imposed by the court making the determination. | ||
(7) Where, by reason only of an order under subsection (1) of this section, a person is not residing at a place during any period, he shall be deemed, for the purposes of any rights under the Landlord and Tenant Acts, 1931 to 1971, the Statute of Limitations, 1957 , or the Rent Restrictions Acts, 1960 and 1967, to be residing at the place during that period. |