A Protection Order can be granted if the court has reasonable grounds to believe your safety and welfare are at risk. The Protection Order has the same effect as the Safety Order, whereby the abusive person is banned from further violence or threats of violence, but is not required to leave the home. However, a Protection Order is only valid until the court hearing for the Safety/Barring Order takes place.
A Barring Order forces the alleged perpetrator to leave the family home. It also prohibits him or her from any further acts of violence, threats of violence, and from watching or being near the family home. A Barring Order can be granted for up to three years.
If the court believes that a Protection Order would not be enough to protect you from harm while you wait for your court date, then an Interim Barring Order is granted. It is a temporary Barring Order (requiring the violent person to leave the home) which lasts until the full hearing for the Barring Order, but can last no longer than 8 working days. The orders are made on an ex parte basis (only one side is represented at the application).
An Emergency Barring Order requires the person accused of violent or abusive behaviour to leave the home, and prohibits them from entering the home. This is an immediate order where there is reasonable grounds to believe there is a risk of significant harm to you or a dependent person (for example, a child). Unlike an Interim Barring Order, the applicant does not have to satisfy the property test to be able to get an Emergency Barring Order. This means the person applying for the order does not need to own, co-own or have their name on the lease of the property. An Emergency Barring Order can last for a maximum of 8 working days. It prohibits the same behaviours as a Barring Order.
If you do not want a temporary Order immediately, you can seek one at any time before your case for a Barring or Safety Order is heard.
A Safety Order prohibits a person from using or threatening violence against another person, or doing so towards that person’s children.
If the alleged perpetrator does not live with the victim, it will bar him or her from watching or being near the victim’s home. However, it does not oblige the alleged perpetrator to leave the family home.
A court can grant a Safety Order for up to five years.
To apply for a Barring Order or a Safety Order you must go to your local District Court Office.
You do not need legal representation for your initial application stage. However, it is highly recommended that you have legal representation for full hearings.
For ex-parte cases (for a Protection Order, Emergency Barring Order or Interim Barring Order) you need to attend in person.
When an application for either of the above orders has been accepted by the court, you will be given a date for a court hearing. The waiting time varies in different parts of the country.
While you are waiting for a court hearing, the court may protect you with a Temporary Order, which lasts only until the date of the hearing.
Anyone who contravenes a Safety Order, Barring Order, Interim Barring Order or Protection Order is guilty of an offence. Those offences are punishable by a Class B fine (up to €4,000) and a prison term of up to 12 months.
There are different groups of people who can apply for an order under the Domestic Violence Act, 2018. Each of those groups can apply for different categories of Orders. Under domestic violence legislation, the following individuals may apply for protective orders:
We provide non-judgmental support, discuss the options and provide information to women so that they can decide what is best for them.
All Rights Reserved | Mná Feasa