Legal Protection
You do have rights!
The 1996 Domestic Violence Act puts in place the protection of spouses and children where their safety or welfare is at risk because of another persons conduct.
Form this Act orders have been put in place for the protection and welfare of those suffering domestic violence. These consist of;
Safety Order
- This order requires a person not to use or threaten abuse towards you (the applicant).
- This order does not require the abuser to leave the home, however, they are prohibited from putting you) in any fear, or from using violence.
- If the abuser does not reside at the same address, they are prohibited from entering or watching the premises.
- A safety order can be given for up to five years.
- If you are married to the abuser you can apply for a safety order at any time
- If you are not married, you must be living with the abuser for at least six out of twelve months previous to the application, in order to apply for a safety order.
Barring Order
- This order requires that if a partner is living in the home, and violence has, or is occurring, they must leave the property immediately until the court states otherwise.
- Being successful in an application for a barring order may be more difficult than a safety order, due to the fact that there are more restrictions toward the abuser.
- Barring orders can be given for up to three years at a time.If the applicant is married to the abuser you can apply for an order at anytime.
- If you are not married you can apply for a barring order if you have been living with the abuser for six of the nine months previous to the application.
- In order to remove the abuser from the home it must be shown that the applicant has the same ownership or tenancy rights as the abuser.
This order may also, if the court sees fit, prohibit the abuser from:
- Using or threatening to use violence against the applicant or any dependent person i.e. children
- Molesting or putting in fear the applicant or any dependent person
- Attending at, or in the vicinity of, or watching a place where the applicant or dependent person resides.
Interim Barring Order
This order is a temporary barring order and is only given in exceptional circumstances. The hearing for the Barring Order must take place within 8 days of the Interim Order being granted.
Protection Order
This order is a temporary safety order, lasting until the court hearing.
All court orders must be applied for at a District Court. Offaly Domestic Violence Support Services can support you throughout this process.
Legal Aid:
Please see www.legalaidboard.ie for further information.
Offaly Domestic Violence Support Service can provide you with emotional support in accessing a variety of legal supports if required.