Domestic Violence

FAMILY LAW

Domestic Violence Law Solicitors – Drogheda, Ashbourne & Dublin

The law is there to support you. If you need help while experiencing any issues relating to family matters or domestic relations, please call us today.

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We’re here to help. Call us today on Drogheda : 041 983 8708 Ashbourne : 01 835 2027

What is it?

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:

Safety Order
Barring Order
Protection Order
Interim Barring Order

If any of these Orders are breached by either party, the Gardai have immediate powers of arrest.

What are your options?

Domestic violence remedies are normally sought in the District Court. The most common orders sought are:

Barring Order

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.

Safety Order

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.

Protection Order

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).

What types of Family Law Cases can we help with?

Divorce

Separations

Civil Partnership & Cohabitation

Adoption

Access & Custody

Recognition of Foreign Divorce & Marriage

We Look After Your Case

Tallans Solicitors LLP are the North-East’s largest law firm. With us, you’ll get jargon-free legal advice that you can depend on. Our solicitors are experts in their specific areas of practice, ensuring that you, our client, gets the best possible legal advice and personal attention. Established in 1899, trust Tallans to do the best for you, whatever legal issues you may face. Talk to Tallans today.

How long will it take?

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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Managing Partner

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Partner

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Why Choose Tallans?

At Tallans Solicitors 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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Want to know what it’s like to work with Tallans Solicitors LLP? The best way to find out is to see what past clients have said.

In a recent claim, Tallans Solicitors LLP were superefficient and provided great service. I was very nervous coming in to see a solicitor but Orla Shevlin put me at ease straight-away. I found Orla very easy to talk to and knew I could trust her 100%.

I was extremely happy with the outcome of my case… Tallans were able to explain things to me in a way that I could understand. I have no hesitation in recommending Tallans to anyone.

From day one, Tallans Solicitors LLP were transparent, clear and supportive regarding my case. They had a personable yet highly professional way in which they presented themselves. From day one, they were on my side. I will now go to them for all legal advice in the future and recommend everyone to seek advice and services from Tallans in Drogheda.

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About Tallans Solicitors LLP

We draw on more than 130 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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