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What is an Interim Barring Order?

Where the court, on application to it for a barring order or between the making of that application and its determination, is of the opinion that there are reasonable grounds for believing there is an immediate risk to the safety of you (the applicant) or a dependent (and a protection order would not provide sufficient protection), the court shall grant an interim barring order. The Interim barring order requires the abusive person to leave the home and prohibits the person from entering the home for up to 8 days. 

An interim barring order may also prohibit the respondent from doing any one or more of the following as the Court thinks fit:

•             using or threatening to use violence against the applicant/dependent person,

•             molesting or putting in fear the applicant/dependent person,

•             watching or besetting a place where the applicant/dependent person resides,

•             following or communicating (including electronically) with the applicant/dependent person

An interim barring order may be obtained by:

  • the spouse of the respondent,
  • the civil partner of the respondent,
  • a person who is not the spouse or civil partner of the respondent and is not related to the respondent within a prohibited degree of relationship but lived with the respondent in an intimate relationship prior to the application for the barring order, or
    a parent of the respondent who is not a  dependent person.

An interim barring order expires on the determination by the court of the application for the barring order.

The Court may place such exceptions or further conditions on the interim barring order as it sees fit.

An interim barring order may be made ex parte (where the respondent is not in court). However, an ex-parte order expires within a maximum of 8 working days unless, on application by the victim and on notice to the respondent, the ex-parte order is confirmed within that period by order of a court.

An ex parte interim barring order will not exceed eight days. An interim barring order obtained, will cease on the determination of the application for the barring order.