Civil Restraining Orders
Court orders that can stop another person from contacting, following or harassing you, even where you have no relationship with them.
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What Is a Civil Restraining Order?
A civil restraining order is an order under section 28 of the Criminal Justice (Miscellaneous Provisions) Act 2023, prohibiting a person from interacting with the person who brings the application or engaging in other behaviour as the Court specifies.
Purpose of Order
These orders were brought in as a way of expanding the protection available in domestic violence cases so that individuals can apply for orders against those whom they are not in a relationship with or living with. Where the applicant can show that “relevant conduct” (such as stalking or following someone, or interfering with the property, including pets, of a person) has taken place, the applicant will be entitled to a civil restraining order if the District Court accepts that this is a “necessary and proportionate” step for protecting the applicant’s safety and welfare.
Advantages and Disadvantages
Civil restraining orders have certain similarities to injunctions. An injunction is an equitable remedy that is available in the Circuit Court and higher courts on a discretionary basis, normally pending a full trial. In contrast to an injunction, a civil restraining order is applied for in the District Court, and is based on applying a specific statutory test. Applying for a civil restraining order is therefore much more straightforward.
The difficulty is that these orders are increasingly being sought and granted in property disputes and in cases where there are parallel criminal proceedings which could arguably be prejudiced. When an application is made ex parte (without the other side being on notice), the full impact that the order may have on the other side is often not apparent to the judge. This can result in Draconian consequences where an order is made whose effect is to exclude a person from his or her own property.
Taking or Defending a Case
Since opening this firm, I have acted in several cases in this growing area of the law. This reflects the dramatically increased demand in this field, because it was not an area initially offered as a practice specialism. It is important to have legal advice on your rights and options in a civil restraining order case, as failing to do so can be costly in the long term.
Important to Note
These orders are increasingly sought in property disputes and in cases with parallel criminal proceedings. Where an application is made ex parte (without notice to the other side), an order can have Draconian consequences, including excluding a person from their own property. Early legal advice matters whether you are applying for, or defending, an order.
Key Points
- Made under section 28 of the Criminal Justice (Miscellaneous Provisions) Act 2023
- Aimed at protecting people from those they are not in a relationship with, or living with
- Covers relevant conduct such as stalking, following, or interfering with property, including pets
- Applied for in the District Court, using a specific statutory test
- Granted where the Court is satisfied it is necessary and proportionate to protect your safety and welfare
Considerations Before Taking Action
- Whether the other person's conduct meets the statutory relevant-conduct test
- That the application is made in the District Court, which is more straightforward than seeking an injunction
- The serious consequences an order can have if you are the person defending it
- Any parallel criminal proceedings that could be affected
- The value of early legal advice, as getting it wrong can be costly in the long run
- The above is a general commentary on the law and does not constitute legal advice for your particular circumstances.
Need Advice on a Civil Restraining Order?
Whether you are seeking the protection of a civil restraining order or defending an application made against you, I can advise you on your rights and options and guide you through the District Court process. Get in touch to discuss your situation.