Family Law - Domestic Violence

Domestic Violence

Protection Order

A Protection Order can be made by court where it considers that there are reasonable grounds for believing that it is required for your safety or welfare or that of a dependent child. The order can be applied for when:

  • Applying for a safety order
  • Between making an application for a safety order and the time it takes the court to grant/refuse the order.

The order is the same as a safety order. It protects you from assault and other acts such as abuse or threatening behaviour until the hearing of your case.

Who can apply for a protection order?

  • A spouse
  • A former Spouse
  • Co-habitees
  • A Parent
  • Other relationships

How do I apply for a protection order?

To apply for the order, you need to attend the local family district court.

How long does a protection order last?

It will last until the hearing for your case. It is designed to give you protection until the outcome of your case is decided by the court. If you are applying for a Safety Order the original protection order will expire once your application for the safety order has been granted or refused.

What happens if the protection order is breached?

It is an offence to breach an order of the court and anyone who is in breach is liable to a fine and/or imprisonment.

Do I need a solicitor?

It is not necessary to have a solicitor to with you to make an application for a protection order. However, the protection order is only an interim relief (ie it only lasts until the full hearing). Therefore, once you have obtained the protection order you should contact us

MB Solicitors are experienced family law solicitors with a proved track record in handling all aspects of domestic violence cases. If you need advice on any aspect of domestic violence feel free to give us a call or leave a message in the contact form.

Safety Order

A court can make a Safety Order where it is of the opinion that there are reasonable grounds for believing that the safety or welfare of a person or child requires that such an order is made.

A Safety Order directs the person against whom it is made not to

  1. use or threaten to use violence against, molest or put in fear the applicant or a dependent child on whose behalf the application is made: and
  1. if residing at a place other than where the applicant or the dependent child resides to not watch or beset that place.

Who can apply for a Safety Order?

  1. A spouse
  2. A former Spouse
  3. Co-habitees
  4. A Parent
  5. Other relationships

How do I apply for a Safety Order?

In order to apply for a Safety Order in Dublin you should attend the Family District Court and make an application for the safety order. A summons will be issued against the person you are seeking the Safety Order against and the case will be heard by the family law court.

How long does a Safety Order last?

The court in granting a Safety Order will decide how long the Order should last. They usually range from 12 months to 5 years.

What happens if the Safety Order is breached?

Failure to comply with an order is an offence which can lead to a fine and or imprisonment.

MBSolicitors are experienced family law solicitors with a proved track record in handling all aspects of domestic violence cases. If you need advice on any aspect of domestic violence, feel free to give us a call or leave a message in the contact form.

Barring Order

A barring order is an order by the court requiring the person against whom it is made:

  • If living at the same house/apartment as you or a dependent child to leave that house/apartment or
  • If not living in the same house/apartment the order prohibits that person from entering the house/apartment until the court shall specify.

The court can also make an order prohibiting the person against whom the order is made from any of the following:

  • Using or threatening to use violence against you or any dependent child;
  • Molesting putting in fear you or a dependent child;
  • Attending the vicinity or watching a place where you or any dependent child resides.

Who can apply?

The following people can apply:

  • A spouse
  • A former Spouse
  • Co-habitees
  • A Parent

How do I apply?

You can apply by attending the local family District Court.

How long will the order last?

The order will last up to 3 years.

If you have any queries in relation to any aspect of family law you can submit them through our contact form. Alternatively if you would like to arrange an appointment or request a call back you can do so through the contact form.

 

 

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