Barring, safety and protection orders

Information

Under the Domestic Violence Act, 1996, Gardai (the Irish police force) have the power to arrest and prosecute a violent family member. Under the law there are two main kinds of protection available, a safety order and a barring order.

A safety order is an order of the court which prohibits the violent person from further violence or threats of violence. It does not oblige the person to leave the family home. If the person lives apart from you it prohibits them from watching or being near your home. 

A barring order is an order which requires the person to leave the family home.

To get a barring order or a safety order you must attend a District Court hearing. While you are waiting for the court to hear your application, the court can give you an immediate order called a protection order. The protection order has the same effect as a safety order. In exceptional circumstances the court can grant an interim barring order. This is an immediate order, requiring the violent person to leave the family home. 

A safety order can last up to 5 years and a barring order up to 3 years. These orders can be renewed by applying for a further order before the previous one has expired.

Information on the number of orders granted is available in the Courts Service Annual Report.

Rules

If you are married, and can show the court that your spouse is violent in any way towards you or the children, you can get an order against him/her no matter how long you have lived together and even if he/she owns most or all of the house.

If you are not married, you can get an order against a violent partner if:

• you have been living together for a prescribed length of time (six out of the previous twelve months for a safety order, or six out of nine months for a barring order)
• he/she does not own most or all of the house you are living in.

Section 6 of the Domestic Violence Act 1996 sets out that the Health Service Executive (HSE) may seek a Barring Order against a violent adult on behalf of a child, whether or not that violent adult is married to the child's parent. The HSE was granted 4 barring orders against violent adults in 2005. No barring orders were granted to the HSE in 2006.

A parent can apply for protection against domestic violence by their own child if the child is over 18. In fact, 200 barring orders and 86 interim barring orders were granted to parents against children in 2006.

Others living together can also apply, for example, two relatives living together could be covered.

Penalties for offences

The law in Ireland strictly provides that anyone who contravenes a safety, barring (or interim barring) or protection order is guilty of an offence. Furthermore, if someone prevents you or your dependents from entering or permission to remain in a place to which the order relates (while the barring or interim barring order is in effect), they are also guilty of an offence.

The above offences under the Domestic Violence Act 1996 are punishable by a fine of 1,904.61 euro and or, a prison term of 12 months. These penalties are set down in Section 17 of the Domestic Violence Act, 1996. Statistics from an Garda Síochána show that 1,188 breaches of orders were recorded in 2005.

Support

If you are concerned about violence in your home, you should contact your local Garda Station. Members of the Gardai are specially trained to deal with these situations and can offer advice, information and assistance.

Your local Citizens Information Centre can give you information about organisations that will provide you with support. For example, two such organisations are Women's Aid and Amen.

Women's Aid is a voluntary organisation providing support and information to women and their children who are being physically, emotionally and sexually abused in their own homes. If you are a woman living in a violent situation, you should contact the Women's Aid helpline on 1800 341900.

Amen is a voluntary organisation which provides a confidential helpline, a support service and information for male victims of domestic abuse. You can contact Amen by phone at (046) 902 3718.

Further information on domestic and sexual violence as well as information on local and national support services is available on the website of Cosc - The National Office for the Prevention of Domestic, Sexual and Gender-based Violence. 

How to apply

To apply for a barring order or a safety order you must go to your local District Court Office. If you live in the Dublin Area you must go to the Dublin District Family Law Office (see 'Where to apply' below). However, you can go to the Dublin District Court Offices in Swords or Dun Laoghaire if they are closer to you.

When you get to the District Court Office, the District Court Clerk will help you to fill out the correct form.

If you are applying for a barring order or a safety order the court clerk will arrange a court date for a court hearing. You will be given your summons for the court hearing at the time of your application. A summons will be sent to the respondent by ordinary post. The respondent is the person you need to be protected from or want barred from your home.

While you are waiting to go to court to get your barring order or safety order, you can get a protection order or an interim barring order immediately. If you want a protection order or an interim barring order the District Court Judge will hear your case on the day you make your application for a barring order or safety order.

If you do not want a protection order or an interim barring order immediately, you can seek one at any time before your case is heard for a barring or safety order.

When you get your barring order, safety order, protection order or interim barring order you show it to the Gardai in your local Garda Station. Do not give them your order (you can allow them to take a photocopy). A copy of your order will be sent to the Superintendent of your local Garda Station by registered post the following day.

A safety order, barring order, interim barring order or protection order takes effect from the time the respondent is notified of the order. This can be done verbally, together with the production of a copy of the order. If the respondent is in court when the order is made the respondent is considered to be notified. A copy of the order will be sent to the respondent by ordinary post. In some cases, the Judge may direct the Gardai 'to serve' the order on the respondent . This means the Gardai will hand the order directly to the respondent.

Where To Apply