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99A.2 Excluding Order - Housing (Miscellaneous Provisions) Act 1997 Section 3

This form is used to apply for an excluding order under Section 3 of the Housing (Miscellaneous Provisions) Act 1997. An excluding order allows a person to be removed from a dwelling where they may pose a threat to the safety or welfare of others residing there.

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Form Overview

99A.2 Excluding Order - Housing (Miscellaneous Provisions) Act 1997 Section 3

This form is used to apply for an excluding order under Section 3 of the Housing (Miscellaneous Provisions) Act 1997. An excluding order allows a person to be removed from a dwelling where they may pose a threat to the safety or welfare of others residing there.

The form captures personal details of all parties, information about the dwelling, details of the problematic behavior, and the specific relief being sought from the court.

Risk Radar

  • Many applications fail because they don't provide enough evidence of immediate safety risks.
  • Inadequate documentation of safety concerns
  • Missing required signatures
  • Incorrect court location submission
  • Insufficient evidence of immediate risk

Plain English

If someone is causing problems or safety concerns in your home, this form helps you ask the court to remove them. The court will consider evidence and decide if an excluding order is appropriate to protect everyone involved.

Submission Date

  • There is no standard deadline for submitting this form, as it's typically filed when safety concerns arise. However, applications should be submitted as soon as possible to ensure timely court intervention.
  • 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

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What this form is for

  • Use this form when seeking to remove someone from your home due to safety concerns
  • Apply when there is evidence of threatening behavior or domestic violence
  • Use when other measures like mediation have failed
  • Use when you need immediate court intervention to protect yourself or others
  • Don't use for routine property disputes without safety implications

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Domestic violence situationForm 99A.1Different procedure specifically for domestic violence casesCheck if your situation qualifies as domestic violence
Property dispute without safety concernsCivil proceedings formDifferent legal process focused on property rights, not safetyConsider if safety is truly the primary concern
Neighborhood disputeDistrict Court application formDifferent process for disputes between neighborsAssess if the issue is about safety or general nuisance
Tenant-landlord conflictResidential Tenancies Board formsDifferent administrative process for tenancy issuesConfirm this isn't a tenancy dispute before proceeding

Deadline or filing window

There is no standard deadline for submitting this form, as it's typically filed when safety concerns arise. However, applications should be submitted as soon as possible to ensure timely court intervention.

Before you submit

  • Complete all sections of the form
  • Include personal identification details for all parties
  • Document specific safety concerns with dates and times
  • Attach any relevant evidence of threats or violence
  • Verify you're submitting to the correct court district
  • Obtain necessary signatures if required
  • Keep a copy of the submitted form for your records

How to file this form

  1. 1Obtain the official form from the Courts Service website or court office
  2. 2Complete all sections with accurate and detailed information
  3. 3Gather supporting evidence such as police reports, medical records, or witness statements
  4. 4Submit the completed form to the appropriate District Court
  5. 5Attend the scheduled court hearing with all documentation
  6. 6Follow up with the court if you don't receive confirmation within a reasonable time

Known limitations

  • This form cannot guarantee an excluding order will be granted
  • The court may require additional evidence before making a decision
  • An excluding order doesn't automatically resolve underlying legal issues
  • The form may not be suitable for complex family law situations
  • Legal advice may be necessary for complicated cases

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Current Form Status

This form remains in active use under the Housing (Miscellaneous Provisions) Act 1997, though applicants should verify the most recent version with the Courts Service of Ireland.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify if any recent amendments to the Housing (Miscellaneous Provisions) Act affect this form
  • Check if the Courts Service has updated the form layout or requirements
  • Confirm if additional supporting documents are now required
  • Ensure the form number hasn't changed in recent updates
  • Check if online submission options have been added

Quick Facts

This form should be completed by someone seeking to have another person excluded from a dwelling due to safety concerns, typically in cases involving domestic violence or other threatening behavior.
The form captures personal details of all parties, information about the dwelling, details of the problematic behavior, and the specific relief being sought from the court.
Submit this form as soon as safety concerns arise, as excluding orders are typically sought urgently when someone's safety is at risk.
Submit this form to the local District Court or through the Courts Service of Ireland, though online submission options may be limited for this specific legal application.
Incorrect or incomplete submissions may result in delays in obtaining protection, potentially leaving vulnerable parties at risk of continued harm or threats.
Complete all sections with accurate personal information and detailed descriptions of the safety concerns. Attach any relevant evidence such as police reports or medical records that support your application. Submit the completed form to the appropriate court office and keep a copy for your records.

Form Details

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

99A.2 Excluding Order - Housing (Miscellaneous Provisions) Act 1997 Section 3

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After you file

  • Attend the scheduled court hearing prepared to testify
  • Keep copies of all court documents in a safe place
  • Follow any conditions set by the court regarding the excluding order
  • Monitor the situation for any violations of the order
  • Seek legal advice if the order is breached or if circumstances change
  • Keep records of any ongoing incidents for future reference

Source and verification log

  • Form issued by Courts Service of Ireland
  • Based on Housing (Miscellaneous Provisions) Act 1997 Section 3
  • Not confirmed in official source if online submission is available
  • Not confirmed in official source if there are recent changes to the form
  • Not confirmed in official source about specific supporting documents required
  • Not confirmed in official source about average processing time
  • Not confirmed in official source about court fees associated with this form

Common confusion points

8 things to watch for

  • 1

    Confusing this form with other court applications

  • 2

    Not understanding what qualifies as sufficient safety concerns

  • 3

    Uncertainty about who can be named in the application

  • 4

    Misunderstanding the difference between temporary and permanent orders

  • 5

    Confusion about required evidence versus helpful additional documentation

  • 6

    Not knowing the court process timeline after submission

  • 7

    Uncertainty about legal representation options

  • 8

    Misunderstanding the implications of making false statements

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