Domestic Violence Orders
A Protection Order:
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.
Barring Order:
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.
Interim Barring Order:
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).
Emergency Barring Order:
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.
Safety Order:
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.
FAQs
How do I apply for orders?
To apply for a Barring Order or a Safety Order you must go to your local District Court Office.
Do I need legal representation?
You do not need legal representation for your initial application stage. However, it is highly recommended that you have legal representation for full hearings.
What documentation do I need?
For ex-parte cases (for a Protection Order, Emergency Barring Order or Interim Barring Order) you need to attend in person.
- You will need to mention any evidence you have for the full hearing – this includes reports from GPs, hospitals or the Gardaí.
- You will need an address for the abuser/respondent.
- You must also bring proof of identity such as a passport or driver’s licence.
- http://www.courts.ie for further information on the court process
What happens next?
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.
When does the Order come into effect?
- A Domestic Violence Order takes effect from the time the respondent is notified of the order. This can be done verbally, together with the production of a copy of the Order.
- If the respondent is in court when the Order is made the respondent is considered to be notified. A copy of the Order will be sent to the respondent by ordinary post. In some cases, the Judge may direct the Gardai ‘to serve’ the Order on the respondent. This means the Gardai will hand the order directly to the respondent.
- You‘ll receive your summons for the court hearing at the time of your application. The Courts Service or the Gardaí will serve the respondent with all relevant documents on your behalf.
How will I be protected in the meantime?
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.
Penalties for breaching orders:
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.
Who is eligible to seek protection through the Family Law Courts?
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:
- Spouses can seek protection from one another.
- Cohabiting couples—those who are living together without being married—may also request protection from each other. A Safety Order can be issued by the court if the couple resided together for at least six months within the twelve months prior to the application. A Barring Order may be granted if they lived together for six months within the nine months leading up to the application.
- Individuals living in the same household may pursue protection from one another. However, if the court determines that a contractual relationship exists between them, it will not issue a Barring Order; in such cases, only a Safety Order can be sought.
- Parents may seek protection from their child if the child is over the age of 18.
- Parents can also apply for protection on behalf of their child.
- The Child and Family Agency has the ability to seek protection on behalf of an individual and/or that person's dependent children if the individual is unable to apply themselves.