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Ashbourne: 01 835 2027
Ashbourne: 01 835 2027
The Domestic Violence Act 1996 as amended by the 2018 Act provides for the protection and safety of married couples, co-habiting couples, children and any other people who live in a domestic relationship.
Protection Available:
Under The Domestic Violence Act 1996, the following Orders may be obtained:
If any of these Orders are breached by either party, the Gardai have immediate powers of arrest.
Domestic violence remedies are normally sought in the District Court. The most common orders sought are:
Essentially a Barring Order is an Order prohibiting a person from residing in the home where the other person resides. To obtain a Barring Order the person seeking such an Order must establish to the satisfaction of the Court that such an Order is necessary for his or her safety or welfare or is necessary for the safety or welfare of the dependent child or children. Generally speaking the Court would require evidence of serious and recent incidents of violence or threats of serious incidents and now coercive control. A Barring Order made by the District Court can be for a period up to three years. A very important feature of a Barring Order is that breach of it amounts to a criminal offence. Consequently if it is breached the person in breach of the Order can be arrested, charged and convicted. On conviction the person can be fined and/or imprisoned. An Application for a Barring Order can be made very simply by the Applicant calling to the District Court Office and arranging to issue a Summons.
A Safety Order essentially is an Order directing the other party not to use or threaten to use violence against, molest or put in fear the Applicant. A Safety Order can be made by the Court if the Court is of the opinion that there are reasonable grounds for believing that the safety or welfare of the Applicant or any dependent child so requires. Again a Safety Order can be applied for by the Applicant attending at the District Court Office and arranging to issue the appropriate Summons. Breach of a Safety Order also amounts to a criminal offence.
A Protection Order is essentially the same as a Safety Order however it is an interim Order which is made at the time of issuing the Barring Summons and it remains in existence until the Hearing of the Application for the Barring Order. The relevant legislation is the Domestic Violence Act 1996. Section 7( 6)(a) of the Domestic Violence Act 2018 contains an important provision which in effect stipulates that if the Applicant is not a spouse or the civil partner of the other party a Barring Order cannot be granted if the Applicant’s interest (ownership) of the relevant property is less than that of the other party. (This restriction does not apply to spouses or to civil partners).
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We understand that most people seeking legal advice regarding family law, have liked experienced a difficult time before they reach out and are cautious as to how long the process of resolving these issues may take. For the majority of cases, mediations take place with the goal of reaching lead to an agreement; therefore the duration is mostly governed by the speed of those mediations. At Tallans, we advise that unless an agreement is distinctly achievable within the first few months, that proceedings are suitable as the court timetable then becomes a factor in the resolution time. As an example, in financial proceedings following divorce, the initial court appointment is marked for 3 months after the issue of proceedings with the court. If an agreement is not reached before that meeting and/or terms are not agreed at court at the appointment, then a further date would be set by the court for roughly 3 months later and so on.
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Tallans Solicitors (Ashbourne) LLP, we have substantial experience in all aspects of family law. Over the years we have helped hundreds of our clients to resolve difficult situations affecting their families. Our highly skilled solicitors, specialists in the area of family law, have built up a large and successful reputation in this area. – Act with understanding and empathy – Ensure the highest level of confidentially – Seek the most amicable arrangement – Aim to resolve the matter outside of the courts.
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