Safety & Barring Order
A safety order is an order of the court which prohibits the violent person from further violence or threats of violence. It does not oblige the person to leave the family home. If the person lives apart from you it prohibits them from watching or being near your home.
A barring order is an order which requires the violent person to leave the family home. The order also prohibits the person from further violence or threats of violence, and from watching or being near your home
Applying for a Safety or Barring Order
To get a barring order or a safety order you must attend a District Court hearing. While you are waiting for the court to hear your application, the court can give you an immediate order called a protection order. The protection order has the same effect as a safety order.
In exceptional circumstances the court can grant an interim barring order. This is an immediate order, requiring the violent person to leave the family home.
Who Can Apply?
If you are married, and can show the court that your spouse is violent in any way towards you or the children, you can get an order against him/her no matter how long you have lived together and even if he/she owns most or all of the house.
If you are not married, you can get an order against a violent partner if :
- You have been living together for a prescribed length of time (six out of the previous twelve months for a safety order, or six out of nine
months for a barring order)
- He/she does not own most or all of the house you are living in.
- Section 6 of the Domestic Violence Act 1996 sets out that the Health Service Executive (HSE) may seek a Barring Order against a violent adult on behalf of a child, whether or not that violent adult is married to the child’s parent.
- A parent may now apply for a Safety Order against the other parent if they have a child in common even if they have never lived together.
- A parent can apply for protection against domestic violence by their own child if the child is over 18.
- Others living together can also apply, for example, tworelatives living together could be covered.
A safety order can last up to 5 years and a barring order up to 3 years. These orders can be renewed by applying for a further order before the previous one has expired.
Breach of order….
Fine of € 1,904.61 and or, a prison term of 12 months