Hugh Condron - familylawcentre.ie - Domestic violence / Abuse

 

Domestic Violence / Abuse

Domestic violence includes, but is not limited to, any act or threat of physical, sexual, or emotional violence, or coercive control. This is also referred to as domestic abuse. These acts or threats can be against you or a family member. Domestic violence also includes acts and threats of a financial or digital nature. This is where someone uses money or online harassment to control another person. 

Violent acts or threats can be made by someone who is related to you by blood or adoption, e.g. parents, adult sons and daughters, and grandparents. They can also be made by people the court considers an intimate partner. These include current and former spouses, civil partners, cohabiting partners, your child's other parent, and unmarried intimate partners. Disputes between neighbours, tenants, or roommates are not covered by domestic violence law.

You may be eligible to apply for a domestic violence order or a combination of orders. Some orders direct a person to stop committing further violent acts or threats against you, these are commonly known as Protection or Safety Orders. Others can also direct them to leave the home, known as a Barring Order. Domestic violence orders are issued by a judge in court.

If you or your children are in immediate fear or danger call the Gardai on 999 

What are domestic violence orders?

Domestic violence orders are a way of the court giving you protections. They are made by a judge and come with specific instructions or directions. Some direct a person accused of abusive behaviour to stop committing further acts or threats of violent behaviour. Others direct that person to leave, and stay away from, you and your dependent children (if applicable) and the home. You will have to explain to the judge in court why you are asking for a particular order.

Different types of Court Orders

Each court order has a specific time limit to help protect you and your children (if applicable) from abusive behaviour. Remember also that a judge can only make the specific court order that you apply for. You might want to read the information about the different types of orders to make sure that you apply for the correct ones for you.

The judge can make orders that take your long-term safety into consideration. These are a Barring Order or a Safety Order. These can last for several years. The court can also make orders that take your immediate or short-term safety into consideration. These are a Protection Order, an Interim Barring Order and an Emergency Barring Order. If you want to apply for a Protection Order, you must also apply for a Barring Order or a Safety Order, or both. If you want to apply for an Interim Barring Order, you must also apply for a Barring Order, or a Barring Order and a Safety Order.

Barring Order

A Barring Order is a full or long-term order from the court.

It directs the respondent to leave - or stay away from - your home and any dependent children. In some cases, it can direct them to stop using - or threatening to use - violence against you or putting you in fear. It may also direct them to stop following you, or communicating verbally or electronically with you or dependent children.

It can only be issued to current spouses or civil partners, or certain people who have equal or greater ownership rights in the home than the respondent.

Safety Order

A Safety Order is a full or long-term order. It directs the respondent to stop committing further violence or threats of violence. If the respondent is living with you, it does not order them to leave the home.

If the person is not living with you, it directs them to stay away from, being near or watching your home. A Safety Order might also direct them to stop following you or communicating verbally and electronically with you or dependent children. A judge decides on these issues on a case by case basis.

Protection Order

A Protection Order is a short-term order. It is sometimes called a 'Temporary Safety Order' because it gives the same protection as a Safety Order but over a shorter time period.

A Protection Order directs the respondent to stop committing further violence or threats of violence. A judge can make this order if they believe there is an immediate risk of significant harm to you or any dependent children. If the respondent is living with you, it does not order them to leave the home.

If the person is not living with you, it directs them to stay away from, being near or watching your home. A Protection Order might also direct them to stop following you or communicating verbally and electronically with you or any dependent children.

You can apply for a Protection Order while you wait for the court to hear your full application for a Safety Order or a Barring Order. Both applications can be made at the same time. Applications for a Protection Order are usually made 'ex-parte'. This means that the application is made without the respondent being made aware.

If you or your children are in immediate fear or danger call the Gardai on 999 

www.familylawcentre.ie

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