Susan Webster understands the difficulties faced by people being abused in a domestic relationship. However, it is imperative that people are aware there are legal protections available to them. The Court will grant these Orders where it believes that a person’s (or a dependant child’s) safety or welfare is at risk. Under The Domestic Violence Act 1996 the following Orders may be obtained:

(i) Safety Order
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.

(ii) Barring Order
This Order requires the violent person to leave the family home, and prevents them from using or threatening to use violence against another party.

(iii) Protection Order
A Protection Order is an emergency order that is granted to protect the person until the matter can be heard in full. It prevents a party from committing further violence or threatening violence against another party. The party against whom the Protection Order is granted is not required to leave the family home.

(iv) Interim Barring Order
In exceptional cases, where there is evidence of immediate risk of significant harm to the person applying (and a Protection Order is considered insufficient in the circumstances), the Court will grant this emergency Order. This Order can be granted without the knowledge of the other’s party. That person however has to be served immediately with a copy of the Statement upon which the Order was made. The party against whom it’s made has to leave the family home and cannot use violence or threaten to use violence against the other party.

It is very important to note that it is a criminal 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.
For further information, or to see if you are eligible to apply for any of the Domestic Violence Orders, please contact Susan Webster here.