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59.12 Summons To Discharge A Safety / Barring / Interim Barring / Emergency Barring / Protection Order - Domestic Violence Act 2018 Section 21

This form is used to request the court to discharge (remove) a safety, barring, interim barring, emergency barring, or protection order made under Section 21 of the Domestic Violence Act 2018. It should be used when you believe the conditions that led to the order no longer apply or when you want to challenge the continuation of the order.

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Form Overview

59.12 Summons To Discharge A Safety / Barring / Interim Barring / Emergency Barring / Protection Order - Domestic Violence Act 2018 Section 21

This form is used to request the court to discharge (remove) a safety, barring, interim barring, emergency barring, or protection order made under Section 21 of the Domestic Violence Act 2018. It should be used when you believe the conditions that led to the order no longer apply or when you want to challenge the continuation of the order.

This form captures personal details about the person filing, information about the original order being challenged, and the reasons why the order should be discharged. It may include statements about changes in circumstances or evidence showing the order is no longer necessary.

Risk Radar

  • Failing to provide sufficient evidence that the conditions for the original order no longer exist.
  • Incomplete form may lead to rejection
  • Missing evidence supporting your discharge request
  • Not attending required court hearings
  • Filing without understanding the legal implications

Plain English

If a court has placed restrictions on you through a domestic violence protection order, this form lets you ask the court to remove those restrictions. You'll need to explain to the judge why you believe the order should be lifted, such as if the situation has changed or if you think the order was wrongly made.

Submission Date

  • There is no fixed deadline for filing this form, but it should be submitted as soon as possible after deciding to challenge the order. Time limits may apply if the original order was made with specific conditions about review periods.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • Use this form specifically to discharge/remove an existing order
  • Only applies to orders made under Section 21 of the Domestic Violence Act 2018
  • Not for requesting new protection orders
  • Not for appealing the decision about the original order
  • Only for orders related to domestic violence situations

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
SituationLikely formWhy it mattersCheck before you continue
Applying for a new protection orderForm for new protection ordersDifferent legal requirements and proceduresConfirm you're applying for a new order, not modifying an existing one
Seeking to modify an existing orderVariation application formModification has different legal standards than dischargeDetermine if you want to change terms or completely remove the order
Appealing a court decision about an orderAppeal formDifferent process with stricter time limitsVerify if you're challenging the decision or the order itself

Deadline or filing window

There is no fixed deadline for filing this form, but it should be submitted as soon as possible after deciding to challenge the order. Time limits may apply if the original order was made with specific conditions about review periods.

Before you submit

  • All sections of the form are completed
  • Personal details match identification documents
  • Information about the original order is accurate
  • Supporting documents are attached
  • Form is signed and dated
  • Correct court fee is paid (if applicable)
  • Copy of the form is kept for your records
  • All parties named in the original order will be formally notified

How to file this form

  1. 1Obtain the correct Form 59.12 from the Courts Service website or court office
  2. 2Complete all sections with accurate personal and order information
  3. 3Prepare supporting documents that show why the order should be discharged
  4. 4File the completed form with the court that issued the original order
  5. 5Pay any required filing fee
  6. 6Ensure all parties to the original order are formally notified
  7. 7Attend any scheduled court hearings

Known limitations

  • This form cannot be used to create new protection orders
  • The court may refuse to discharge the order even if properly filed
  • Legal representation is recommended but not required
  • The form may not be suitable for urgent situations requiring immediate relief
  • Certain serious offenses may prevent discharge regardless of circumstances

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Current Form Status

This form is current as of the Domestic Violence Act 2018, but always check the Courts Service website for any recent updates or changes to the form requirements or procedures.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form number matches 59.12
  • Check if there have been any amendments to the Domestic Violence Act affecting this form
  • Confirm the court address and contact details are current
  • Ensure any reference sections match the latest legislation
  • Check if electronic filing options have been added or changed

Quick Facts

The person who was subject to the safety/barring/protection order (the respondent) needs to file this form to request its discharge. Alternatively, a legal representative acting on behalf of that person may submit it.
This form captures personal details about the person filing, information about the original order being challenged, and the reasons why the order should be discharged. It may include statements about changes in circumstances or evidence showing the order is no longer necessary.
This form should be submitted as soon as you decide to challenge the order, but there may be time limits depending on when the original order was made. You can generally file this form at any time during the period the order is in effect.
The form should be filed with the court that issued the original protection order. This can typically be done in person at the court office, by post, or potentially through an online portal if available for your specific court.
Submitting correctly is crucial because errors or delays could result in your application being rejected or delayed, leaving the protection order in place longer than necessary. The court needs accurate information to make a fair decision about whether to discharge the order.
Fill in all sections of the form completely with your personal details and information about the original order. Clearly state your reasons for requesting discharge and attach any supporting documents. File the completed form with the relevant court office and ensure you receive a copy of the filing receipt. You may need to attend a court hearing to explain your request to the judge.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

59.12 Summons To Discharge A Safety / Barring / Interim Barring / Emergency Barring / Protection Order - Domestic Violence Act 2018 Section 21

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After you file

  • Keep track of court dates and attend all hearings
  • Monitor for any response from the other party or their legal representative
  • Prepare additional evidence if requested by the court
  • Await the court's decision on your discharge application
  • If successful, obtain a certified copy of the discharge order
  • If unsuccessful, consider legal advice about possible next steps

Source and verification log

  • Form issued by Courts Service of Ireland
  • Related to Domestic Violence Act 2018 Section 21
  • Used for discharging protection orders
  • Specific to domestic violence situations
  • Not confirmed in official source: exact filing procedures
  • Not confirmed in official source: current processing times
  • Not confirmed in official source: specific fee requirements

Common confusion points

7 things to watch for

  • 1

    Confusing this form with applications for new protection orders

  • 2

    Not understanding that discharge means complete removal, not just modification

  • 3

    Uncertainty about which court has jurisdiction over the original order

  • 4

    Misunderstanding who needs to be formally notified of the application

  • 5

    Confusion about the standard of proof required for discharge

  • 6

    Not realizing that a hearing may be required

  • 7

    Difficulty distinguishing between different types of protection orders

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