In the time of Covid 19 pandemic, the demand for support from domestic violence organisations were high and they have extended their hands to all sectors of the society.
Domestic violence happens when physical or emotional force or threat including sexual violence is forced by a person or a group on other persons or groups. Destruction of property, stalking, threats against children, controlling others etc. comes under domestic violence. The Domestic Violence Act came into effect on January 1, 2019 which provides additional protection for victims.
The court releases the safety order which prevents the respondent or the violent person from committing further violent actions. The order prohibits the respondent from meeting or stalking the victim. The respondent is not allowed to roam around as they like. A safety order is valid up to 5 years. Spouses and civil partners, partners in an intimate relationship both dating and cohabitants, partners with a common child etc. can apply for safety orders.
There may be a certain time gap between the application for a safety order and it’s issue from the court. In that time period, there may a chance of threats and exploitations from the respondent. Thus a protection order from the court prevents the respondent from threatening the victim, stalking and communication to the victim. The protection order is temporary until the court issues a safety order. The protection order can also be related to the interim barring order.
A barring order forces the respondent to leave the home and prohibits the person from entering the home. A barring order is valid up to 3 years. Spouses and civil partners, parents of a non dependent abuser child, cohabitants who have intimate relationship etc. can apply for barring orders.
The Domestic Violence Act gives the victim the luxury to obtain an emergency barring order. It is almost same as the interim barring order but in this case, the applicant doesn’t have to satisfy the property test. So the applicant doesn’t need to own or co-own any property.
In order to obtain a barring or safety order you must attend a district court hearing. The court gives you an immediate order while you wait for your hearing. A safety or barring order renews while you apply for a further order before the previous one expires. The court considers certain factors to decide before issuing a domestic violence order.
- History of violence by the respondent against the victim
- Severity and frequency of violence
- History of animal cruelty
- Age and state of health of the victim
When to get a barring or safety order?
Spouses and civil partners can get the order if the court believes that your partner is violent against you and children. Cohabitants can get an order if the partner is violent on you. There is no minimum period of cohabitation required. Barring order and emergency barring order depends upon the property ownership.
Parents with children over 18 can apply for domestic violence orders against their children. If the child owns the property, parents can’t get the barring order.
What happens if an order is broken?
If anyone who breaks a court order, it is considered an offence. If the respondent prevents the victim from entering the house, it is also an offence. If the offence is a sexual violence, stalking etc. the court may even give a sentance.
How to get a safety or barring order?
Most applications are given at the district court and a solicitor can help you or can act on your behalf. The District Court staff helps you with the forms and the clerk can arrange a court hearing for you. The notice will be sent to the respondent demanding to attend the hearing.
The decision of the court will be a written document. The order is sent to the respondent by post. In case of interim barring order, emergency barring order or protection order , the court directs the Garda to let the respondent know about the order.
Support Service Numbers
Women’s aid
- National Freephone Helpline:- 1800 341 900
- Telephone Interpretation Service:- 1800 341 900
- Text service for deaf and hard of hearing:- 087 959 7980
- Online chat service at womensaid.ie
Rape Crisis Centre
- National Helpline:- 1800 778 888
- Text service for deaf and hard hearing:- 086 823 8443
- Online webchat via DRCC website
- A network of local rape crisis centres
Men’s Development Network
- National Male Advice Line:- 1800 816 588
- Men’s Aid Ireland:- (01) 554 3811
- Children at Risk in Ireland (CARI):- 1890 924 567
Stillhere.ie
The public awareness campaign on domestic abuse during Covid 19 with a new website called stillhere.ie. It has details of all support services
Where to Apply?
Courts Service
15-24 Phoenix Street North
Smithfield
Dublin 7
Ireland
Tel: +353 (0)1 888 6000
Homepage: http://www.courts.ie
Dublin District Family Law Office
Ground Floor
Dolphin House
East Essex Street
Dublin 2
Ireland
Tel: +353 (0)1 888 6348
Homepage: https://bit.ly/2MvAKhWq
Women’s Aid
5 Wilton Place
Dublin 2
Ireland
Tel: +353 (0)1 678 8858
Locall: FreePhone 1800 341 900
Homepage: http://www.womensaid.ie
CARI – Therapy and support for children affected by child sexual abuse
CARI National Office
110 Lower Drumcondra Road
Dublin 9
Tel: +353 (0)1 830 8523
Locall: 1890 924 567
Homepage: http://www.cari.ie/
Rape Crisis Network Ireland
Carmichael Centre,
North Brunswick Street,
Dublin 7,
D07 RHA8
Tel: 24 Hour Helpline: 1800 778 888
Homepage: https://www.rapecrisishelp.ie/
Men’s Aid
St Anne’s Resource Centre
Railway Street
Navan
Meath
Ireland
Tel: +353 (0)1 554 3811; +353 (0)1 539 4277
Homepage: https://www.mensaid.ie/
Cosc – The National Office for the Prevention of Domestic, Sexual and Gender-based Violence
Department of Justice and Equality
2nd Floor
Montague Court
Montague Street
Dublin 2
Ireland
Tel: (01) 476 8680
Homepage: http://www.cosc.ie