domestic violence remedies in ireland-barring orders,safety orders and protection orders
DESCRIPTION
http://FamilyLawIrelandHq.com Domestic violence in Ireland was first recognised on the statute books in the Family Law (Maintenance of Spouses and Children) Act, 1976 with the introduction of the first civil remedy for domestic violence. This act introduced the notion of a “barring order” which is a court order excluding the violent partner/spouse to be excluded from the home. Domestic Violence Act, 1996 The Domestic Violence Act, 1996 built upon this legislation of 30 years before and sets out three main aims:- -To protect spouses and children and others in domestic relationships whose safety and welfare is at risk in the relationship; -To increase the powers of the Gardai to arrest witout warrant in certain situations; -To allow a Court to hear other related applications, such as for maintenance, custody and access, at the same time as the application for a barring order. This legislation builds upon the protection offered by the Family Law (Maintenance of Spouses and Children) Act, 1976 to provide protection for non-spouses such as cohabitants and family members.TRANSCRIPT
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Domestic Violence Remedies in IrelandBarring orders, safety orders, protection
orders in family law
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A barring order Directs the violent person to leave the
premises/house Can last for up to 3 years Court must be satisfied that the safety or
welfare of the applicant justifies making the order
4 Remedies for Domestic Violence
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A spouse A cohabitant who has lived with the other
person for 6 out of the last 9 months A parent of an adult child who is a non-
dependent the HSE
Barring Orders-Who Can Apply?
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Can be applied for to cover the period prior to the hearing of the substantive action
Can last up to 8 working days Court has to decide that the applicant is in
immediate risk of significant harm and a protection order would not be sufficient
Interim Barring Order
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Does not put the violent person out of the family home
Orders him not to use violence, threaten, etc.
Is available to anyone who has commenced proceedings for a safety or barring order
Only lasts until the hearing of the substantive action
Protection Order
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Is a stand alone relief Can last up to 5 years Is available to.. A spouse A cohabitant who has lived with the other
person in an intimate and committed relationship
A parent of an adult child who is a non-dependent
the HSE
Safety Order
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Gardai have significant powers of arrest in domestic violence cases
Can arrest without warrant Penalties for breach of court orders are
steep including heavy fines and imprisonment
Court can also convict for contempt of court
Breaches of Court Orders
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Innfield House Main Street Enfield Co. Meath [email protected] Call: 046/95 49 614 or 086/81 21 797
Family Law-Terry Gorry & Co. Solicitors