The Court offers a range of assistance to help people who are victims of domestic violence. The two main items are a Protection Order and Safety Order.
These two applications go together as the Protection Order is put in place until the full hearing of a Safety Order takes place. As it can take some time to get a hearing for the Safety Order, the Protection Order is put in place as a temporary measure.
What is a Protection Order?
A Protection Order is a Court direction to the Respondent, obliging them to stop committing further violence or threats of violence. You can get a Protection Order if the judge feels that there is an immediate risk of significant harm to you or your children.
If the respondent is living with you, they will not have to leave the home. If they are not living with you, they cannot come near you or watch your home. They might also be directed not to communicate with you or your children and this can include both verbal and electronic communication.
A Safety Order
A Protection Order is a temporary order which remains in place until the Court holds the full hearing for a Safety Order. A Safety Order is essentially the confirmation of the Protection Order and can be imposed for a period of up to 5 years.
On the full hearing date, the Court will hear what you have to say about the situation, and whether or not the Protection Order should be made into a full Safety Order. If the judge decides not to grant a Safety Order, the Protection Order will no longer be of effect.
If the Court hearing date has to be adjourned for any reason, then the Protection Order will remain in place until the new date.
You must attend for the hearing of the Safety Order application and if you don’t come to the Court, the judge can decide that the matter should be “struck out”. This means that your application will not go ahead and the Protection Order will no longer be in place.
A Barring Order
This is an Order which directs the Respondent to leave, or stay away from the family home. They can also be directed to stop following you and your children, and to stop communication with you.
Who can apply for a Barring Order?
A Barring Order application can only be made by current spouses or civil partners, or certain other parties, depending on the circumstances.
What happens if I am in an emergency situation?
While you are waiting for the full hearing of a Barring Order application, you can get an Interim Barring Order. This is a temporary Order which only remains in place until the full hearing.
How long does a Barring Order last?
A Barring Order can last up to 3 years. If the judge decides not to make a Barring Order at the hearing, the Interim Barring Order will no longer be in place.
What happens if the Respondent breaches the Barring Order?
The respondent breaches the Order if they do something which the Order forbids them to do. It is possible to breach a Protection Order, Safety Order, Barring Order, Interim Barring Order or Emergency Barring Order. Any of these Orders can be breached during the period when they are in place.
You should take action immediately if the Order in question has been breached. You should do the following:-
- Call the Gardai straightaway.
- Show the Gardai a copy of the Order in question, so that they know what the Order directed the Respondent to do/not to do.
- Follow the Gardai’s instructions on what to do next.
It is very important that you act immediately if an Order has been breached so as to ensure your own safety and the safety of your children.
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