domestic violence remedies in ireland-barring orders,safety orders and protection orders

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Domestic Violence Remedies in Ireland Barring orders, safety orders, protection orders in family law http://BusinessAndLegal.ie

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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.

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Page 1: Domestic Violence Remedies in Ireland-Barring Orders,Safety Orders and Protection Orders

http://BusinessAndLegal.ie

Domestic Violence Remedies in IrelandBarring orders, safety orders, protection

orders in family law

Page 2: Domestic Violence Remedies in Ireland-Barring Orders,Safety Orders and Protection Orders

http://BusinessAndLegal.ie

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

Page 3: Domestic Violence Remedies in Ireland-Barring Orders,Safety Orders and Protection Orders

http://BusinessAndLegal.ie

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?

Page 4: Domestic Violence Remedies in Ireland-Barring Orders,Safety Orders and Protection Orders

http://BusinessAndLegal.ie

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

Page 5: Domestic Violence Remedies in Ireland-Barring Orders,Safety Orders and Protection Orders

http://BusinessAndLegal.ie

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

Page 6: Domestic Violence Remedies in Ireland-Barring Orders,Safety Orders and Protection Orders

http://BusinessAndLegal.ie

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

Page 7: Domestic Violence Remedies in Ireland-Barring Orders,Safety Orders and Protection Orders

http://BusinessAndLegal.ie

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

Page 8: Domestic Violence Remedies in Ireland-Barring Orders,Safety Orders and Protection Orders

http://BusinessAndLegal.ie

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