Accessing Safety in Ireland: Understanding Protection, Safety, and Barring Orders for Women Experiencing Domestic Violence

For women in Ireland experiencing domestic violence, finding safety and protection is paramount. The Irish legal system provides various court orders for domestic violence to help women escape abuse and ensure their safety and that of their children. If you're searching for legal protection from an abusive partner, it's crucial to understand the different types of orders available: Protection Orders, Safety Orders, and Barring Orders.

Understanding the Different Court Orders:

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These orders are designed to provide legal protection and can be applied for through the District Court.

1. Protection Order (Temporary Safety):

   • What it is: A Protection Order is a temporary measure that acts like an immediate Safety Order. It prohibits the abusive person (the "respondent") from using or threatening violence against you or any dependent children. Importantly, it does not require them to leave the home.

   • When you get it: You can apply for a Protection Order at the same time as you apply for a more long-term Safety Order or Barring Order. A judge can grant it immediately if they believe your safety and welfare are at risk while you await the full court hearing.

   • Duration: It remains in effect until your full court hearing for a Safety or Barring Order.

2. Safety Order (Long-Term Protection):

   • What it is: A Safety Order is a long-term court order that prohibits the abusive person from committing further violence or threats of violence. Similar to a Protection Order, it does not require the abusive person to leave the family home. If they don't live with you, it directs them to stay away from your home, and to stop following or communicating with you or any dependent children (including electronically).

   • Eligibility: You can apply for a Safety Order if you are:

     • A current or former spouse or civil partner.

     • In an "intimate relationship" (including cohabitants and dating partners).

     • A parent with a child in common with the respondent.

     • A parent of an adult child (over 18) who is abusive.

     • Living with the respondent in a non-contractual relationship (e.g., relatives).

   • Duration: A District Court Safety Order can last for up to five years and can be renewed.

3. Barring Order (Exclusion from Home):

   • What it is: A Barring Order is a court order that requires the abusive person to leave your home and prohibits them from entering it again. It also bans them from using or threatening violence, watching or being near your home, or following/communicating with you or dependent children.

   • Eligibility: This is a more comprehensive order and typically requires you to have a legal or beneficial interest in the property that is equal to or greater than the respondent's. Eligible applicants include:

     • Current or former spouses or civil partners.

     • Those who lived with the respondent in an intimate relationship and satisfy the "property test" (i.e., have an equal or greater interest in the home).

     • Parents of an adult child (over 18) who is abusive (if they satisfy the property test).

   • Interim Barring Order: A temporary Barring Order can be granted in urgent situations where a Protection Order isn't enough. It requires the abuser to leave immediately and typically lasts until the full hearing, but can be for a very short period (e.g., 8 working days) if granted without the abuser's knowledge.

   • Emergency Barring Order: This is an immediate order where there is a risk of significant harm, and the applicant has less or no ownership rights in the home than the respondent. It can last for up to 8 working days.

   • Duration: A District Court Barring Order can last for up to three years and can be renewed.

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How to Apply for a Domestic Violence Order in Ireland:

You can apply for these orders through your local District Court Office. Here's a general overview of the process:

1. Contact Your Local District Court Office: The court clerk can provide you with the necessary application forms for a Domestic Violence Order. You can also find application forms online on the Courts.ie website.

2. Complete the Application Form: Fill out the form clearly, outlining the reasons why you need the order and providing any supporting evidence.

3. Attend an Initial Court Hearing: After filing your application, court staff will arrange for you to appear before a judge. At this initial hearing, you can apply for a Protection Order or Interim Barring Order for immediate safety while you wait for the full hearing.

4. Service of Documents: The Courts Service or An Garda Síochána (the Irish police) will arrange for the abusive person (the "respondent") to be served with the court documents.

5. Full Court Hearing: You will receive a summons with the date for a private full court hearing. Both you and the respondent will have the opportunity to present evidence and give testimony. It is highly recommended to have legal representation at this stage.

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Do I Need a Solicitor? (Legal Advice Domestic Violence Ireland)

While you do not need legal representation for the initial application for a Protection, Safety, or Barring Order, it is strongly recommended to have a solicitor for the full court hearing. A solicitor can:

• Help you prepare your case and gather evidence (e.g., Garda reports, medical reports, witness statements).

• Represent you in court, ensuring your voice is heard and your rights are protected.

• Cross-examine the respondent, if necessary.

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Accessing Legal Aid (Legal Aid for Domestic Violence Ireland):

If you cannot afford a private solicitor, you may be eligible for legal aid. The Legal Aid Board provides legal advice and representation for people on lower incomes, and they prioritise cases of domestic violence.

• Contact the Legal Aid Board: You can contact their emergency number in Dublin (01 675 5566) or your local Legal Aid Board law centre across Ireland. They can assess your eligibility based on a means test.

• FLAC (Free Legal Advice Centres): FLAC offers free, confidential legal information and advice clinics. They can be a good first stop for basic legal information.

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Immediate Danger? Call An Garda Síochána (Irish Police):

If you are in immediate danger, please call 999 or 112 for emergency assistance. You do not need a court order to seek help from the Gardaí.

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Where to Find Further Support (Domestic Violence Support Ireland):

Navigating the legal system while experiencing trauma can be overwhelming. There are many organisations in Ireland dedicated to supporting women experiencing domestic violence.

• Women's Aid:

  • National Freephone Helpline: 1800 341 900 (available 24 hours a day, 7 days a week).

  • They offer support, information, and can help you understand your legal options and the court process. They also have a drop-in service in Dolphin House Family Law Court in Dublin.

• Safe Ireland: Provides up-to-date information on local domestic violence support services and refuges throughout Ireland.

• The Courts Service of Ireland website (Courts.ie): Offers detailed information on how to apply for domestic violence orders.

• An Garda Síochána: Can provide assistance and advice. Domestic abuse incidents, including coercive control, are given the highest priority.

• Tusla (Child and Family Agency): Can apply for protection orders on behalf of vulnerable adults or children.

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Remember, seeking legal protection is a brave and crucial step towards a life free from abuse. You are not alone, and help is available.