Under The Domestic Violence Act 1996 the following Orders may be obtained:
If any of these Orders are breached by either party, the Gardai have immediate powers of arrest.
This Order prevents a party from committing further violence or threatening violence against another party. The party against whom the Safety Order is granted is not required to leave the family home.
Who can apply for one?
The Spouse of the Respondent irrespective of how long they have lived together
An unmarried partner who has lived as husband/wife with the Respondent for at least 6 months out of the previous 12 months before the Application for the Safety Order was made
A parent can apply for an Order against a child who is not a dependant
A person of full age (over 18) who lives with the Respondent in a relationship, the basis of which is primarily non contractual for example not a lodger or a tenant
Relatives who live together
If the relationship is not based on marriage the Court considers the following factors:
The length of time the people have lived together
Type of duties carried out by either person for the other
If any payment was made by one person to the other for living expenses
Grounds for a Safety Order
Safety Orders will be granted where the Court considers that there are reasonable grounds for believing that a person’s safety or welfare is at risk.
The Court can order a party: a) Not to use or threaten to use violence or put in fear the Applicant or any dependent b) To stay away from the residence of the Applicant if the parties do not live at the same address
The Order does not require the Respondent to leave the home if the parties reside at the same address.
Duration of a Safety Order
An Order made by a District Court can last up to five years – before this Order expires, an Application can be made to have it extended for a further five years or for a shorter period.
The Circuit Court can grant a Safety Order of unlimited duration.
Non Compliance with a Safety Order
Under the Domestic Violence Act it is an offence to breach a Safety, Protection, Barring or Interim Barring Order. The penalty is a fine and/or a prison term of 12 months. Gardai can arrest a Respondent without a Warrant or enter and search any place they suspect that person to be.
This Order requires the violent person to leave the family home when the Order expires or is set aside. The District Court may grant a Barring Order for up to three years and an Application for an extension can be made. There is no time limit on such an Order if it is made by the Circuit Court.
Who may apply for a Barring Order?
A Spouse on his/her own behalf or on behalf of the dependent child
A Partner who has lived with the alleged offender as husband and wife for at least 6 out of the previous 9 months
A parent of an adult child can apply for an Order against him/her unless that child owns the family home
The Health Service Executive
While you are awaiting for the Court to decide on an Application for a Safety or Barring Order, the Court can give you an immediate Order called a Protection Order. This has the same effect as the Safety Order but as it is only intended to last until the Court decides on your case, it is temporary in nature.
Interim Barring Order
In exceptional cases this Order will be granted, but there must be evidence of immediate risk of significant harm to the persons applying and a Protection Order must also be considered insufficient in the circumstances. This Order can be granted without the knowledge of the other party. However, that person must be served immediately with a copy of the statement upon which the Order was made. A full court hearing must take place within eight working days of the Interim Barring Order being made.
Applicants can represent themselves through the process. Legal Aid can be available. You may be eligible for Legal Aid if you are a person of moderate means. To qualify for Legal Aid, you have to be assessed. The Legal Aid Board has offices located around the country. For the location of your nearest Legal Aid Board Office call 1890 615200.
If you are looking for advice on a family law matter, please contact:
Thinking of getting a divorce? Here are some tips you need to know. For more information or to arrange a consultation, email email@example.com or call 091 567545.
Obtaining a divorce in Ireland through the courts, allows both parties to a marriage to remarry or enter into a civil partnership. Once the court is satisfied that the required conditions are met, the court will grant the decree of divorce dissolving the marriage. When it grants the decree of divorce, the court may also make orders in relation to custody of children and access to them , the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights, etc.
The main difference between a divorce in Ireland and the other options below is that there is a legal requirement that in order to obtain a divorce, both parties have been living apart from each other for a period of 4 years out of the preceding 5 years.
In any application for a decree of divorce, the court can review any previous arrangements made by the parties such as a separation agreement or judicial separation particularly if the circumstances of either party has changed.
When a decree of divorce is granted, it cannot be reversed. Either party can apply to court to have any other orders made under the decree – such as maintenance – reviewed by the court.
Before a court can grant a divorce in Ireland, the following conditions must be met:
The parties must have been living apart from one another for a period amounting to four out of the previous five years before the application is made. There must be no reasonable prospect of reconciliation. Proper arrangements must have been made for the parties and any dependent members of the family. ... See MoreSee Less