Domestic Violence

Violence in the home is a crime. The Domestic Violence Act 1996 provides for the protection, safety and welfare of married people, cohabiting couples, parents, children and others living together in a domestic relationship.

Q1: What Protection is available?

A1: Under the 1996 Act the following orders may be obtained:

1) Safety Order;

2) Protection Order;

3) Barring Order.

These are distinct orders the court will not grant a Barring Order where the application is for a Safety Order.

Q2. What is a Safety Order and who can apply for one?

A2. It is an order from the court prohibiting the alleged wrongdoer (Respondent) from further violence or threat of violence it does not require the Respondent to leave the home The following can apply to the court for a Safety Order:

1) the spouse of the Respondent;

2) the partner who has lived as husband/wife with the Respondent for at least 6 months out of the previous 12 months prior to the application for the Safety Order;

3) a parent call apply for an order against an adult child who is not a dependent;

4) a person of full age who resides with the Respondent;

5) relatives including adoptees living together;

6) a Health Board.

Where the relationship is not based on marriage the court will take into consideration:

a) the length of time the parties have been living together;

b) the type of duties carried out by either party for the other or for their family;

c) whether any payment or other consideration is made by one party to the other in respect of their living expenses;

d) any other matter the court considers appropriate.

Q3: What are the grounds for a Safety Order?

A3: A Safety Order will be granted where the court is of the opinion that there are reasonable grounds for believing that the safety or welfare of the person or their dependent is at risk.

Q4: How does the Safety Order operate?

A4: The court may order:

a) that the Respondent may not use or threaten to use violence, or put in fear or molest the applicant or any dependent person;

b) where the parties are not living at the same address the court call order the Respondent to stay away from the residence of the applicant;

c) where the parties are living in the same house the order does not require the Respondent to leave the home.

Q5. Can the Safety Order be varied?

A5: Yes, the court will hear the application and depending on the evidence will make whatever order it considers appropriate in the circumstance.

Q6: How long does the Safety Order last?

A6: An order from the District Court may last for up to 5 years. Before the order expires a further application may be made to have it extended for up to a further 5 years or for a shorter period as the court determines. A safety order obtained for the benefit of a dependent ceases when that person comes of age. The Circuit Court can grant a Safety Order for an unlimited period.

Q7. What happens if the Order is ignored?

A7: Under the Act it is an offence to breach a Safety Protection, Barring or interim Barring Order. The penalty is a fine nor exceeding £1,500 and/or a prison term of 12 months. The Gardai can arrest without a warrant or enter and search any place where they suspect the Respondent to be.

Q8: What is a Barring Order?

A8: Where a Barring Order is granted by the court the Respondent must leave the family home until the order expires or is set aside.

Q9: How long does the Barring Order last?

A9: An order from the District Court can last for up to 3 years. A further application can be made and the court may continue the order for a further three years.

A Barring Order for the benefit of a dependent ceases when that person comes of age. The Circuit Court can grant a Barring Order for an unlimited period.

Q10: Am I protected before the case comes to court?

A10: With an application for a Barring Order the court will normally grant a Protection Order This has the same effect as a Safety Order and lasts until the case is heard.

In exceptional circumstances the court can grant an Interim Barring Order where there is evidence of immediate risk to the applicant or the dependent and where the granting of a Protection Order would not be sufficient. This Order can be given without the knowledge of the Respondent.

Q11: Who is protected?

A11:

a) a spouse;

b) a partner who has lived with the Respondent as husband/wife for at least 6 months in total out of the previous 9 months. Here the applicant must have ownership rights in the home in order to qualify for a Barring Order.

c) a parent of the Respondent where the Respondent is not a dependent and does not own home.

Q12: How does a Barring Order operate?

A12: Under the Order the Respondent may not:

a) use or threaten to use violence against the Applicant and/or dependents

b) molest or put in fear the Applicant and/or dependents

c) be in the area where the Applicant and/or dependents live

Q13: Can the Order be appealed?

A13: Yes. The Circuit Court will hear the appeal and whatever Order it considers appropriate in the circumstances.

Q14: What about costs, I can't afford a solicitor?

A14: You call apply to your nearest Civil Legal Aid Office (address in telephone book). Civil legal aid is means-tested. Each applicant is assessed on their own income.

Housekeeping money is not taken as income. Maintenance awarded by a court is. A spouse who is paying maintenance cannot deduct this from his/her income when being assessed for eligibility. You may choose to represent yourself in court though this is not always advisable

Q15: What happens when the Barring period is over?

A15: Where the Barring Order has not been renewed the Respondent may return to the home.

Q16: What happens if during the period of the Barring Order I allow the Respondent back into the home?

A16: An Order from the court can only be set aside by the court. However, if the applicant allows the Respondent back into the house the benefit of the Order is lost.

Q17: What happens if I change address during the Barring period?

A17: You should apply to the Court for a variation order to cover your new address.

Note: A Health Board can apply for a Safety Order or a Barring Order on behalf of individuals where it believes the safety or welfare of the person(s) is at risk. In considering the application the court will hear the wishes of the person on whose behalf the case is taken. The court may direct the Health Board on the care and custody of a dependent and may also make an interim supervision order while the Health Board carries out its Investigations. Where the Health Board does not apply for a care or supervision order it shall inform the court of its decision and also give notice of the services it has or intends to provide for the family.